Case Note & Summary
The appellant, Madan Prasad Sinha @ Sanatan Baba, was enrolled in the Indian Army's Corps of Signals as a Radio Mechanic on 18 February 1971. He was discharged on 18 August 1981 under Army Rule 13(3) due to being placed in a low medical category, suffering from a Chronic Duodenal Ulcer allegedly resulting from participation in Operation Cactus Lilly in 1971. He sought war injury pension from the Armed Forces Tribunal, which was denied on the ground that the disability was not attributable to active operations. The Supreme Court, on 26 November 2018, confined the issue to whether the appellant should receive disability pension between 1996 and 2014. The respondents' counter affidavit included a chart of Re-Survey Medical Boards: disability assessed at 40% for two years from 14 July 1985; 20% for two years from 17 July 1987; 30% for five years from 17 July 1990; and 20% for ten years from 23 March 1994. However, the PCDA(P), Allahabad re-assessed the disability at less than 20% on 8 May 1995, leading to denial of pension from 24 March 1995. On 30 January 2014, the Military Hospital, Danapur Cantt assessed the disability at 20% permanently for life, and the appellant received pension thereafter. The Supreme Court found the denial of pension from 24 March 1995 to 30 January 2014 misconceived, as the disability element had been rounded off per previous Tribunal orders. The appeal was allowed, directing payment of arrears at applicable rates within three months.
Headnote
A) Service Law - Disability Pension - Entitlement to Arrears - Pension Regulations for the Army, 1961 - The appellant, a former soldier discharged in low medical category due to chronic duodenal ulcer, was denied disability pension from 1995 to 2014 based on a re-assessment of disability at less than 20%. The Supreme Court held that the denial was misconceived as the disability was later assessed at 20% permanently from 2014, and the appellant was entitled to arrears for the intervening period at applicable rates. (Paras 1-4)
Issue of Consideration
Whether the appellant is entitled to disability pension for the period between 24 March 1995 and 30 January 2014.
Final Decision
The Supreme Court allowed the appeal, directing that the appellant shall be granted arrears on account of disability pension in accordance with the applicable rates prevalent at the relevant time between 24 March 1995 and 30 January 2014. Computation and payment to be made within three months.
Law Points
- Disability pension
- Attributable to military service
- Re-assessment by medical board
- Arrears of pension
