Military personnel entitled to disability pension only if disability attributable to or aggravated by military service: Supreme Court

Military 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 disability is more than 20 percent, the Supreme Court ruled [Union of India and ors vs Ex-Naik Ram Singh]..A Bench of Justices AS Oka and MM Sundresh observed that for army personnel on leave to be entitled to disability pension, the disability must have been sustained while travelling to the leave station and not after reaching it. "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 Court ruled. Hence, the Court rejected the claim of an Indian Army personnel who had sustained injuries two days after he reached the leave station and which was not connected in any manner to military service..The judgment was rendered on an appeal by the Central government challenging a 2010 order of the Armed Forces Tribunal (Chandigarh Bench) that had directed release of disability pension for life to the respondent from the date of his discharge from military service, with arrears due of three years. The respondent who was on leave had met with an accident in 1999 when a scooter hit him while he was crossing the road.The medical board assessed the percentage of the disability of the respondent at 80 percent and consequently, he was invalidated out of service from September 28, 2000.The respondent made an application to the Armed Forces Tribunal praying for grant of disability pension.The AFT allowed the plea holding that if an individual sustains an injury during the period of any kind of authorized leave and his act was not inconsistent with military service, his disability is deemed to be attributable to military service.This was challenged before the Supreme Court.Additional Solicitor General KM Nataraj, appearing for the Central government, submitted that there has to be a reasonable connection between the injuries sustained by a member of armed forces resulting in disability and the military service. In this regard, he cited Regulation 173 of the Pension Regulations for the Army, 1961 and Rule 12 of the Entitlement Rules for Casualty Pensionary Awards, 1982.The respondent did not enter appearance before the Court despite notice being issued to him. The Court noted that the injury was not sustained during military service."Two days after the respondent reached the leave station, he met with an accident on a public road. 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," the judgment noted. Hence, the Court held that respondent is not entitled to the disability pension..[Read judgment]