AI Overview...
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Disability Pension - Eligibility and Assessment
Multiple cases confirm that military personnel discharged due to disability are entitled to disability pension, subject to assessment of disability percentage by Medical Boards. For example, in Govind Ram (Ex. Hav. ) VS Union Of India - Jammu and Kashmir, the court directed the release of a 40% disability pension despite the Pension Sanctioning Authority reducing it to 20%. Similarly, in Darshan Singh VS Union Of India - Jammu and Kashmir, the petitioner with a 20% disability was held entitled to pension, with the possibility of reassessment. The key criterion involves the disability's attribution to military service and its severity Govind Ram (Ex. Hav. ) VS Union Of India - Jammu and Kashmir, Darshan Singh VS Union Of India - Jammu and Kashmir, Shashi Kumar VS Union Of India - Jammu and Kashmir. -
Legal Regulations and Criteria
The Army Pension Regulations, 1961, particularly Rule 7(b) and Regulation 173, govern disability pension eligibility. These rules specify that disability must be attributable to military service, and the disability percentage determines pension amount. Courts have emphasized that disabilities directly linked to service conditions, such as stress or disease aggravated by military duties, qualify for pension Prem Chand (Ex. Sepoy) VS Union Of India - Jammu and Kashmir, Union Of India VS Ravinder Kumar - Jammu and Kashmir, Union Of India VS Angrez Singh - Jammu and Kashmir. -
Disability Percentage and Reassessment
Disability assessments vary, with courts often fixing initial percentages (e.g., 20%, 30%, 53%) and directing medical reevaluation if warranted. For instance, in Darshan Singh VS Union Of India - Jammu and Kashmir, a 20% disability was provisionally fixed, with potential for increase upon re-examination. The percentage directly influences pension quantum, with higher assessments leading to higher benefits Govind Ram (Ex. Hav. ) VS Union Of India - Jammu and Kashmir, Balram VS Union Of India - Jammu and Kashmir. -
Disputes and Rejections
Rejections of disability pension claims often hinge on whether the disability is attributable to military service or whether the disability has worsened due to service conditions. Courts have set aside refusals when disabilities are proven to be service-related, as in LUKOSE V. T. VS UNION OF INDIA - Allahabad, where a neurotic disorder assessed at 20% was deemed attributable to service. Conversely, disabilities not linked to service are denied pension LUKOSE V. T. VS UNION OF INDIA - Allahabad. -
Court Directions and Remedies
Courts frequently direct authorities to reconsider cases with proper medical evidence, ensuring fair assessment and timely pension release. For example, in Govind Ram (Ex. Hav. ) VS Union Of India - Jammu and Kashmir, the court ordered the release of pension at 40%, and in Devinder Singh [Ex. Sepoy No. 3385765] VS Union Of India - Jammu and Kashmir, respondents were directed to consider the case for disability pension based on proper medical records.
Analysis and Conclusion
Disability pension in the military context is primarily governed by the Army Pension Regulations, 1961, and relevant court rulings. Eligibility depends on the disability being attributable to military service and properly assessed by medical authorities. Disputes often arise over the percentage of disability and its attribution, with courts emphasizing the need for objective medical evaluation. Reassessment and proper documentation are crucial for entitlement. Overall, personnel with service-related disabilities are entitled to pension benefits proportionate to their assessed disability, provided the disability is conclusively linked to military duties.
References:
- Govind Ram (Ex. Hav. ) VS Union Of India - Jammu and Kashmir, Prem Chand (Ex. Sepoy) VS Union Of India - Jammu and Kashmir, Union Of India VS Ravinder Kumar - Jammu and Kashmir, Union Of India VS Angrez Singh - Jammu and Kashmir, LUKOSE V. T. VS UNION OF INDIA - Allahabad, Darshan Singh VS Union Of India - Jammu and Kashmir, Balram VS Union Of India - Jammu and Kashmir, Shashi Kumar VS Union Of India - Jammu and Kashmir, Devinder Singh [Ex. Sepoy No. 3385765] VS Union Of India - Jammu and Kashmir, Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay
Search Results for "Disbaility Penison"
2006 0 Supreme(J&K) 209 • India - Jammu and Kashmir
NIRMAL SINGH
Disability Pension - Military Service - The court held that the petitioner is entitled to disability pension as assessed by the ... However, the Pension Sanctioning authority reduced the disability to 20% without re-examination of the petitioner. ... Respondents are directed to release the disability pension in favor of the petitioner at 40% w.e.f. the date of discharge. ... ), Allahabad, after due consideration assessed the disability#HL_....
2005 0 Supreme(J&K) 168 • India - Jammu and Kashmir
S.K.GUPTA
Disability Pension - Military Service - Army Pension Regulations, 1961 - Rule 7(b) of Appendix II - Rule 173 - 173-A - The court ... pension to the petitioner at the rate of 20% disability as per rules. ... discussed the Army Pension Regulations, 1961, and highlighted the provisions related to the grant of disability pension to individuals ... to disability pension. ... Disability pensio....
2007 0 Supreme(J&K) 294 • India - Jammu and Kashmir
VIRENDER SINGH, Y.P.NARGOTRA
Disability Pension-Disease on account of which the respondent was invalidated out though constitutional in nature yet to be deemed ... pension. ... accepted that stress and strain which aggravated the disease was due to the conditions of military service-Respondent held entitled to disability ... pension, a disability element as if he had been retired on account of disability. ... The respondent is not entitled to disability pension....
2007 0 Supreme(J&K) 295 • India - Jammu and Kashmir
VIRENDER SINGH, Y.P.NARGOTRA
Disability Pension - Military Service - Regulation 173, Appendix-II - The court discussed the entitlement to disability pension ... The respondent was held not entitled to disability pension. ... The court emphasized the conditions for granting disability pension, including the determination of whether a disability is attributable ... pension, a disability element as if he had been retired on acc....
2011 0 Supreme(All) 3342 • India - Allahabad
A.C.ARUMUGAPERUMAL ADITYAN, LT.GEN.THOMAS MATHEW
Disability Pension Rules For Army, 1961—Part 1—Regulation 173—Discharge—Military Service—Disability pension—Refusal of—Applicant ... nor aggravated by military service—Whether the rejection of disability pension to applicant on basis of opinion of AFMSF-16 is sustainable ... was assessed at 20%—Disability “NEUROSIS-300” assessed as 20% for life with an opinion—That disease was neither attributable to
2001 0 Supreme(J&K) 312 • India - Jammu and Kashmir
T.S.DOABIA
Pension Regulation of Army - Regulation 173 ... Disability: ... p align ... The petitioner is held entitled to disability pension by taking his disability at 20 percent. This percentage of disability would be provisionally fixed. ... Union of India, 1998(3) SCT 755, the Karnataka High Court allowed disability pension. ... The petitioner would have to appear before the Medical Board and if there is any increase, then he would be entitled to #HL_START....
2002 0 Supreme(J&K) 94 • India - Jammu and Kashmir
T.S.DOABIA
The court considered various cases and legal provisions related to disability pension for army personnel. ... Disability Pension - Army Service - 1999(2) SCT 39, 2000(2) SCT 490, 2000(2) SCT 862, 1998(3) SCT755, 1999(3) SCT 139, 2000(2) ... Final Decision: The petitioner was held entitled to disability pension, and the court ordered its calculation and payment ... The disability was determined at 30 percent but actual garnt of disability p....
2006 0 Supreme(J&K) 171 • India - Jammu and Kashmir
B.A.KHAN, J.P.SINGH
Pension Regulations-Regulation 173-Disability Pension-Record of Medical Board does not indicate finding or reasons as contemplated ... pension. ... and provisions of Entitlement Rules liable to be set aside-Respondents directed to consider the case of appellant for grant of disability ... or refusal of disability pension to persons invalidated out from service. ... ... It goes without saying that the grant of disability pension to ....
2025 Supreme(Bom) 842 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, ASHWIN D. BHOBE
(Paras 10, 30) ... ... Facts of the case: ... The petitioner, with 57% disability, challenges ... The petitioner Shri Dharmendra Kumar, aged 38 years is resident of Mumbai, State of Maharashtra, and he is armed with a Disability Certificate issued by the Medical Authority, Mumbai, assessing his Locomotor Disability as 53 % and his Low Vision Disability Right Eye (RE), diagnosed with AMBLYOPIA as ... The salient feature of the enactment is that no person with disability shall be discriminated on the gr....
2004 0 Supreme(J&K) 23 • India - Jammu and Kashmir
PERMOD KOHLI
to be wrong- Petitioner entitled to Disability Pension. ... Petitioner discharged from service as suffering from Disease "Schizophrenia"- Grant of Disability pension rejected on the ground ... Pension:- ... Petitioner joined army service in the year 1982 and continued ... conditions for the grant of Disability Pension. ... mandamus for grant of disability pension with interest. ... aggravated", entitling him to disability....
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