Case Note & Summary
The dispute arose from the denial of disability pension to Lt. Col. Ajay Wahi, who sought premature retirement on medical grounds after being diagnosed with Bronchial Asthma and low back ache. The Rajasthan High Court initially dismissed his writ petition, stating that under Regulation 50 of the Pension Regulations, officers who retire voluntarily are not eligible for disability pension. However, the Division Bench of the High Court later overturned this decision, citing discrimination against officers who become disabled due to military service. The Union of India appealed to the Supreme Court, arguing that Wahi's voluntary retirement did not equate to being invalided out of service due to disability. The Supreme Court examined the Pension Regulations, particularly Regulations 48 and 50, and concluded that they create a valid distinction between officers invalided out of service and those who retire voluntarily. The court held that the classification under Regulation 50 was rational and did not violate Article 14 of the Constitution. Consequently, the Supreme Court restored the Single Judge's order denying Wahi's claim for disability pension, emphasizing that only officers invalided out of service due to military-related disabilities are entitled to such pensions. The appeal was allowed, and the Division Bench's order was set aside.
Headnote
A) Constitutional Law - Discrimination - Violation of Article 14 - Pension Regulations, 2008, Regulation 50 - Regulation 50, which denies disability pension to officers who retire voluntarily, was upheld as not discriminatory as it distinguishes between officers invalided out of service due to disability and those who retire voluntarily. The court found that both classes of officers are distinct and the regulation does not violate the principle of reasonable classification under Article 14. Held that the classification is rational and serves a legitimate purpose (Paras 14-18).
Issue of Consideration
Whether Regulation 50 of the Pension Regulations, which denies disability pension to officers who retire voluntarily, is discriminatory and violative of Article 14 of the Constitution of India.
Final Decision
The Supreme Court allowed the appeal, set aside the Division Bench's order, and restored the Single Judge's decision denying the disability pension to the writ petitioner.
Law Points
- Disability pension eligibility
- Voluntary retirement
- Article 14 discrimination
- Pension Regulations interpretation
