Army personnel entitled to disability pension only if disability attributable to military service: Supreme Court

A Bench of Justices was hearing an appeal filed by the Centre challenging an order of the Armed Forces Tribunal which granted disability pension to Army personnel

The Supreme Court has said Army personnel will be entitled to disability pension only if the disability is attributable to military service or was aggravated by such service and if such condition is more than 20%.

A Bench of Justices Abhay S. Oka and M.M. Sundresh was hearing an appeal filed by the Centre challenging an order of the Armed Forces Tribunal which granted disability pension to Army personnel.

The top court agreed with the submission of Additional Solicitor General K.M. Nataraj that there has to be a reasonable connection between the injuries sustained by a member of the Armed Forces resulting in disability and the military service.

“Unless the disability is attributable to or aggravated by military service and is more than 20%, the entitlement to disability pension does not arise,” the Bench said while dismissing the claim of Army personnel who had sustained injuries two days after he reached the leave station.

In the present case, two days after the personnel reached the leave station, he met with an accident on a public road, the apex court said.

“There is absolutely no nexus between the military service and injuries sustained by the respondent. There is not even a causal connection. The tribunal has completely overlooked this aspect which goes to the root of the matter. Hence, the respondent was not entitled to the disability pension,” the Bench said.

The personnel in this case was enrolled in the Army on June 4, 1965, and after rendering colour service for 10 years and 88 days, he was transferred to reserved establishment on August 30, 1975.