Supreme Court Victory for Our Jawans: NA NA Disability‑Pension Claims Now Stand on Solid Ground

Why This Judgment Is a Game‑Changer

For years, thousands of soldiers were denied disability pension because their ailments were branded NA NA (Not Attributable & Not Aggravated by service). The Supreme Court on 2 July 2013 reversed that injustice. By restoring a sepoy’s pension for epilepsy—previously rejected as NA NA—it created a sweeping precedent that now favours jawans over red tape.

(Based on the landmark judgment Dharamvir Singh v. Union of India – Civil Appeal No. 4949/2013, decided 2 July 2013)

Quick Background of the Case

TimelineEvent
1985Dharamvir Singh enrolled in Corps of Signals, medically fit.
1994Boarded out with 20 % permanent disability (Epilepsy); Medical Board ruled NA NA → no pension.
2004Single‑judge of HP High Court ordered disability pension.
2009Division Bench set that order aside, citing Keshar Singh precedent.
2013Supreme Court reinstated pension, laying down seven guiding principles that now protect disabled soldiers.

Key Takeaways from the Verdict

PrincipleWhat It Means for You
Presumption of Sound HealthIf no disease was noted at entry, you are presumed healthy; later illness is service‑related.
Onus on Government, Not SoldierBurden of proof lies with authorities; any reasonable doubt must benefit the jawan.
Benefit of Doubt Must Be “Given More Liberally”Courts instruct Medical Boards & PSAs to favour the claimant.
Medical Board Must Provide Written ReasonsA bare “NA NA” stamp is invalid unless supported by cogent, recorded justification.
20 %+ Disability ThresholdEven 20 % disability qualifies; scaling factors apply for less‑than‑100 % disabilities.
Retro‑payment & InterestPension arrears accrue from date of invalidation, with 9 % interest if delayed.
Applicability Beyond EpilepsyApplies to all diseases—orthopaedic, psychiatric, cardiac, etc.—once labelled NA NA.

Who Can Benefit Now?

  • Any ex‑serviceman invalided out with a disability ≥ 20 %.
  • Those whose claims were rejected as NA NA by Medical Boards, Record Offices, CDA or PCDA.
  • Widows/Next of Kin of such personnel.
  • Personnel who retired normally but whose disability was wrongly branded NA NA (ask about “attributable/aggravated” reinterpretation).

 Checklist: Build a Winning Claim

  1. Gather Your Papers
    • Original & re‑survey Medical‑Board proceedings
    • Discharge Book / Sheet Roll
    • PPO copy (if any)
    • All hospital case‑sheets & specialist reports
  2. Draft a Legal Representation citing Dharamvir Singh principles, Entitlement Rules 1982/2008/GMO 2023 (Rule 5, 9, 14) and Regulation 173/ Pension Regulations 2008.
  3. Serve Notice to Record Office & PCDA (P).
  4. File in AFT / High Court if administrative remedy fails.
  5. Seek Arrears + 9 % Interest as upheld by SC.

Common Pitfalls (and How We Fix Them)

MistakeConsequenceOur Solution
Accepting the first NA NA Board opinionPermanent loss of pensionObtain expert medical‑legal review; move for Re‑Survey Board
Missing limitation deadlinesClaim time‑barredInvoke continuous wrong doctrine; SC allows arrears from invalidation date
Incomplete documentsFile returns short‑scrutinisedWe secure certified copies through RTI & liaison with Records
Filing in wrong forumYears lost in jurisdiction wrangleWe assess whether AFT, High Court or PCDA revision is fastest

Success Stories After Dharamvir Singh

  • Signalman P, 15 % anxiety disorder (NA NA) → Up‑scaled to 30 %; pension + ₹7 lakh arrears.
  • Rifleman R, knee osteoarthritis (NA NA) → 40 % attributable; arrears since 2008 cleared with 9 % interest.
  • Sapper S, heart condition aggravated by service → family pension sanctioned posthumously in 2024.

(Testimonials on file; shared on request.)

Call to Action — Know Your Right, Claim Your Due

If you—or someone you served with—were boarded out or denied benefits under the NA NA label, this Supreme Court ruling is your legal weapon.

📞 Contact Our Defence‑Pension Advocate Today

“Justice delayed is justice denied. Let us help you secure the honour and financial security you earned in uniform.”

FAQs

  1. Does this apply to border‑area injuries only?
    No. The Court held that field or peace area distinction is irrelevant.
  2. My disability is below 20 %. Any hope?
    File for reassessment; many disabilities progress over time. Once the composite assessment hits 20 %, the pension flows. In case of Invalid case, less than 20% is also accepted.
  3. I retired voluntarily, not invalided. Can I use this?
    Yes, if the disability actually existed at retirement and was mis‑classified as NA NA.
  4. Will filing a case affect my other pension benefits?
    No. Service pension and disability pension are separate elements; one does not cancel the other.

Conclusion

The Dharamvir Singh judgment is more than a legal citation—it is a shield for every jawan who suffered quietly under the NA NA tag. With the Supreme Court’s clear directions, the balance of power has shifted towards the soldier. Don’t let technicalities rob you of your rightful disability pension. Reach out, arm yourself with this precedent, and let our legal team march beside you to victory.

Disclaimer: This article provides general information and is not a substitute for personalised legal advice. Outcomes vary with individual facts and evolving jurisprudence.

Those interested in filing a case in any AFT in India on Disability pension or any other matter, may contact us on Whatsapp – just click here .

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