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Madras High Court Considers Writ Petition Against Armed Forces Tribunal Order Denying Disability Pension to Ex-Soldier. Court Examines Attributability of Unspecified Psychosis to Military Service and Applicability of Broad Banding Benefits.

High Court: Madras High Court Bench: Principal
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2026-10-24 07:50:54
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Issue of Consideration

Whether the petitioner is entitled to disability element of pension with broad banding from 13.12.2009.

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Law Points

  • attributability of disability to military service
  • Guide to Medical Officers (Military Pension) 2002
  • broad banding of disability pension
  • limitation for Armed Forces Tribunal applications
  • maintainability of original application
  • service pension
  • invalidation on medical grounds
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Case Details

2025 LawText (MAD) (02) 127

W.P.No.15080 of 2024

2025-02-21

S.M.Subramaniam, K.Rajasekar

2025:MHC:523

Mr.M.Selvaraj, Mr.C.Kulanthaivel

15464897-W Ex-LD G.N.Subbaiah

Union of India rep by its Secretary, Government of India, Ministry of Defence; The Chief of Army Staff; The Principal Controller Defence Accounts (Pensions); The Officer-in-Charge, Records, Armed Corps Records

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash the order of the Armed Forces Tribunal and for a direction to grant disability element of pension with broad banding benefits.

Remedy Sought

Petitioner sought to quash the AFT order dated 07.12.2021 in O.A.No.117 of 2016 and a direction to the respondents to grant disability element of pension by broad banding from 40% to 50% with all attendant benefits from 13.12.2009, the date of invalidation.

Filing Reason

The Armed Forces Tribunal dismissed the original application seeking disability pension, rejecting the claim of attributability/aggravation to military service and raising maintainability concerns.

Previous Decisions

Second appeal against rejection of disability pension was rejected on 06.03.2013; Original Application No.117 of 2016 before the Armed Forces Tribunal, Regional Bench, Chennai, was dismissed on 07.12.2021.

Issues

Whether the original application before the Armed Forces Tribunal was maintainable despite being filed beyond the period of three years. Whether the petitioner's disability (unspecified psychosis) is attributable to or aggravated by military service. Whether the petitioner is entitled to disability element of pension with broad banding benefits from 13.12.2009, given that he was invalided out with a disability assessed at 40% and broad banding applicability.

Submissions/Arguments

Petitioner: The disease (bronchi fctasis) aggravated to unspecified psychosis due to service conditions in a field area for war operations (Lalgarh Jattan). The case should be considered under the Guide to Medical Officers (Military Pension) 2002 for grant of disability pension. The authorities and Tribunal failed to consider the mitigating factors, including downgrade in medical category. Respondents: The original application is not maintainable as it was filed beyond three years of the cause of action. The disease is constitutional in nature and neither attributable to nor aggravated by military service. Disability element is not admissible because the disability was assessed at 40% (below 50%) and broad banding is only applicable to personnel discharged on or after 01.01.2016 as per circular No. 17(04)/2017-D(Pen/Policy) dated 04.09.2017.

Judgment Excerpts

the writ petitioner enrolled in the Indian Army on 27.06.1994 and was invalided out on medical grounds on 13.12.2009 due to “unspecified psychosis”. the petitioner was posted to Lalgarh Jattan, which is a field area for war operations, where he suffered bronchi fctasis (LLL) in the year 1998 and downgraded to low medical category of CEEE(T) from 07.09.1998 to 07.09.2000.

Procedural History

Petitioner enrolled in Indian Army on 27.06.1994. Invalided out on medical grounds on 13.12.2009 with ‘unspecified psychosis’. Second appeal against denial of disability pension rejected on 06.03.2013. Filed O.A.No.117 of 2016 before Armed Forces Tribunal, Regional Bench, Chennai, which was dismissed on 07.12.2021. Petitioner then filed the present writ petition under Article 226 of the Constitution of India seeking to quash the AFT order and for grant of disability pension with broad banding benefits.

Acts & Sections

  • Constitution of India: Article 226
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