Case Note & Summary
The case involved an appeal by the Union of India against a decision of the Rajasthan High Court that directed the grant of disability pension to the respondent, Surinder Singh Rathore, a former Signal Man in the army. The respondent was discharged from service due to a medical condition diagnosed as 'Maculopathy (RT) Eye', which was assessed by the Release Medical Board as 30% disability, not attributable to military service. The respondent's appeal for a disability pension was rejected based on the medical board's findings. The High Court had previously ruled in favor of the respondent, citing an earlier decision that favored similar claims. The appellants contended that the medical board's report was clear in stating that the disability was not related to military service. The court analyzed the relevant pension regulations and the medical board's opinion, emphasizing that the burden of proof lies with the claimant to establish a connection between the disability and military service. The Supreme Court ultimately ruled that the respondent was not entitled to a disability pension, affirming the medical board's findings and allowing the appeal without costs.
Headnote
A) Pension Law - Disability Pension - Entitlement Criteria - Army Pension Regulations, 1983, Rule 173 - Disability pension may be granted if the disability is attributable to or aggravated by military service and assessed at 20 percent or above. The court held that the medical board's findings indicated the respondent's condition was neither attributable to nor aggravated by military service, thus denying the claim for disability pension (Paras 9-10).
Issue of Consideration
Whether the respondent was entitled to a disability pension based on the medical board's findings regarding the attributability of his condition to military service.
Final Decision
The Supreme Court allowed the appeal, ruling that the respondent was not entitled to a disability pension as the medical board found no attributability to military service. However, any payments already made to the respondent would not be recovered.
Law Points
- Disability pension
- Attributability to service
- Medical board opinion
- Pension Regulations
- Army Rules
