Case Note & Summary
The appeal was filed by the Union of India against the judgment of the High Court of Punjab and Haryana, which had allowed the respondent's claim for disability pension. The respondent, who was enrolled in the Army on 27.06.1978, sustained injuries in a road accident while on annual leave on 26.03.1987. After treatment, he was assessed with a 20% disability and later a 60% disability for two years, but the Medical Board opined that the disability was not attributable to military service. The respondent was superannuated on 01.07.1998 with a normal service pension and subsequently claimed a disability pension, which was rejected by the authorities. The High Court allowed his writ petition, leading to the Union's appeal. The Supreme Court examined whether the respondent's disability was covered under Regulation 179 of the Pension Regulations for the Army, 1961, and whether the disability arose from military service. The court noted that the respondent was not on military duty during the accident and that the Medical Board's opinion indicated the injuries were not connected to military service. Citing precedents, the court emphasized the necessity of establishing a causal connection between the injury and military service for disability pension eligibility. Ultimately, the Supreme Court set aside the High Court's judgments, affirming that the respondent was entitled to his normal pension but not to a disability pension, thus allowing the appeal.
Headnote
A) Pension Law - Disability Pension - Eligibility Criteria - Regulation 179 of the Pension Regulations for the Army, 1961 - The court held that a personnel can only be granted disability pension if the disability is attributable to or aggravated by military service, as assessed by Service Medical Authorities. In this case, the respondent's injuries sustained during annual leave were not connected to military service, thus he was not entitled to disability pension (Paras 16-19).
Issue of Consideration
Whether the respondent's disability is covered under Regulation 179 of the Pension Regulations for the Army and whether the disability arose from military service.
Final Decision
The Supreme Court set aside the judgments of the High Court and ruled that the respondent was not entitled to disability pension, affirming his entitlement to normal pension.
Law Points
- Disability pension
- Attributability to military service
- Medical Board opinion
- Pension Regulations for the Army
- 1961
- Regulation 179
