Decision Of Court To Allow Disability Pension In All Genuine Cases

A large number of soldiers, in spite of having disability at the time of retirement, are not allowed to draw disability pension. The veterans expressed that, the RMB assessed their disability in such a way now, disability should not qualify for pension.

From case studies of AFT orders related to disability pension, It has been observed that Invaliding Medical Board wrongly declared the disability as neither attributable to nor aggravated by military service being constitutional in nature and not connected with service and, therefore, is conceded not attributable to service which is not only in conflict with the rules but also in contravention to the decisions of the Hon‟ble Supreme Court.

In many cases, especially after implementation of GMO 2023, it has been observed that the disability assessed less than 20% in 90% cases even in IMB cases also.

The soldiers, relies upon the Entitlement Rules 1982 , 2008 and 2023 which they may contends have to be applied to determine attributability and aggravation. The said rules read along with Guide to Medical Officers and Regulations of Medical Services of the Armed Forces (RMSAF) clearly stipulate, that the benefit has to go to the claimant who shall not be asked to prove his /her entitlement and that reasons are to be recorded to rebut claim of attributability/aggravation.

The soldiers mostly relied upon the decisions of the Hon‟ble Supreme Court in Civil appeal No. 4949/2013 Dharamvir Singh vs. Union of India decided on 02.07.2013, Civil Appeal No. 2337/2009 Union of India vs. Chander Pal decided on 18.09.2013, Civil Appeal No. 5605 of 2010 Sukhvinder Singh vs. UOI decided on 25.06.2014, Civil Appeal No. 2904/2011 UOI Vs. Rajbir Singh decided on 13.02.2015, Civil Appeal No. 11208/2011 UOI vs. Angad Singh Titaria decided on 24.02.2015 and Civil Appeal Nos. 4357-4358/2015 (arising out of SLP (Civil) Nos. 13732-13733/2014) UOI Vs Manjeet Singh decided on 12.05.2015.

According to the cases referred above, following decision of the Court/tribunal should be taken in to account –
Disability onset after joining the Armed Forces, should be treated as attributable/aggravated by military service.
Disability assessed as 15-19% should be accepted as 20%. Since it is difficult to determined why not 20%, it should be treated as 20%, considering the disability caused due to bonafide military service involved hazardous assignment through the service of a soldier.
Disability of a soldier on invalided out of service, if assessed as minimum 1%, should be broadbanded to 50%.
Disability of a soldier discharged after completion of coloured service or premature discharge, , if assessed 20% or more, should be broadbanded to 50% irrespective of date of retirement.

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