Case Note & Summary
The dispute arose from a writ petition filed by the Union of India under Article 226 of the Constitution of India, challenging an order dated 09.03.2021 passed by the Armed Forces Tribunal Regional Bench, Chennai in MA.No.100 of 2019 in O.A.No.80 of 2019. The first respondent, Ex. Honorary Naib Subedar M. Sadura Giri, had enrolled in the Army on 30.08.1983 and was discharged on 31.08.2009 in a low medical category due to Pulmonary Tuberculosis. The Release Medical Board assessed his disability at 20% for three years, held it attributable to military service, and granted service pension with disability element from 01.09.2009 to 17.02.2012. A Resurvey Medical Board held on 16.07.2012 granted disability for life but without broad banding. The first respondent approached the Armed Forces Tribunal seeking broad banding of disability element from 20% to 50%. The Tribunal noted that the Supreme Court, in Union of India v. Ram Avtar (Civil Appeal No.418 of 2012), had dismissed numerous civil appeals and directed grant of broad banding benefit even to personnel not invalided out. The Government of India, pursuant to that judgment, issued a letter dated 18.04.2016 extending the benefit of broad banding to Armed Forces Personnel who retired or were discharged on completion of terms with disability aggravated by or attributable to military service. The Tribunal held the first respondent entitled to broad banding of disability element from 20% to 50%. The Union of India challenged this order before the High Court. The High Court, in its division bench judgment, observed that the legal position was settled by the Supreme Court and the Government order. It found no infirmity in the Tribunal’s order, confirmed the same, and dismissed the writ petition with no costs. The decision reinforces that ex-servicemen discharged with attributable disability are entitled to broad banding as per the Government of India’s 2016 order.
Headnote
A) Service Law - Pension - Broad banding of disability element - Government of India, Ministry of Defence order dated 18.04.2016 - Armed Forces Personnel who have retired or been discharged on completion of terms of engagement with disability aggravated by or attributable to military service are entitled to broad banding of disability element from 20% to 50% - The Armed Forces Tribunal allowed the claim relying on Supreme Court decision in Union of India v. Ram Avtar and the Government order - High Court confirmed the Tribunal’s order finding no infirmity and dismissed the writ petition. Held that the first respondent was entitled to the benefit of broad banding as per the settled legal position. (Paras 2-5, 7)
Issue of Consideration
Whether the first respondent ex-serviceman was entitled to broad banding of disability element of pension from 20% to 50% under the Government of India order dated 18.04.2016 and the Supreme Court’s direction in Union of India v. Ram Avtar.
Final Decision
The writ petition was dismissed; the order of the Armed Forces Tribunal dated 09.03.2021 was confirmed. The first respondent was held entitled to broad banding of disability element from 20% to 50% as per the Government of India order dated 18.04.2016. No costs.
Law Points
- Legal points not extracted
- broad banding of disability element
- Government order dated 18.04.2016
- Supreme Court direction in Union of India v. Ram Avtar
- disability aggravated by or attributable to military service
- Armed Forces Personnel retired or discharged on completion of terms entitled to benefit
- pension rights of ex-serviceman
Case Details
2025 LawText (MAD) (03) 160
WP No. 23504 of 2024 and WMP.Nos.25693 & 25697 of 2024
S. M. Subramaniam, K. Rajasekar
Mr. V. Balasubramanian (Senior Panel Counsel) for petitioners; M/s. M.K. Sikdar for R1; R2-Tribunal
1. The Union of India, 2. The Chief of the Army Staff, 3. The Officer-in-Charge, ASC Records (South), 4. The Principal Controller of Defence Accounts (Pensions)
1. Ex.Hon Nb. Sub.M.Sadura Giri, 2. The Registrar, Armed Forces Tribunal, Chennai
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Armed Forces Tribunal granting broad banding of disability pension.
Remedy Sought
Union of India sought to quash the Tribunal’s order dated 09.03.2021 passed in MA.No.100 of 2019 in O.A.No.80 of 2019.
Filing Reason
The petitioner contended that the Tribunal erred in extending the benefit of broad banding of disability element to the first respondent.
Previous Decisions
The Armed Forces Tribunal Regional Bench, Chennai, allowed the first respondent’s application and directed broad banding of disability element from 20% to 50% vide order dated 09.03.2021.
Issues
Whether the first respondent was entitled to broad banding of disability element of pension from 20% to 50% under the Government of India order dated 18.04.2016 and the Supreme Court’s decision in Union of India v. Ram Avtar.
Submissions/Arguments
The petitioner Union of India argued that the benefit of broad banding should not have been extended to personnel discharged on completion of terms.
The first respondent relied on the Government order dated 18.04.2016 and the Supreme Court decision in Ram Avtar, contending that the issue was settled.
Ratio Decidendi
An Armed Forces Personnel who has retired or been discharged on completion of terms of engagement with disability aggravated by or attributable to military service is entitled to the benefit of broad banding of the disability element of pension as per the Government of India order dated 18.04.2016, following the Supreme Court’s direction in Union of India v. Ram Avtar.
Judgment Excerpts
The first respondent enrolled in the Army on 30.08.1983 and discharged from service on 31.08.2009 in Low Medical Category due to Pulmonary Tuberculosis.
The Government of India has also decided to implement the aforesaid direction of the Hon'ble Supreme Court to grant the benefit of 'broad banding' of the disability element of pension to the Armed Forces Personnel, who have retired or been discharged on completion of the terms of engagement with disability aggravated by or attributable to military service.
This being the position, we are of the view that the applicant is entitled to the benefit of broad banding off of the disability element of pension from 20% to 50%.
In view of the above legal position, the eligibility of the first respondent has been rightly considered by the Arms Tribunal. Therefore, this Court do not find any infirmity.
Procedural History
The first respondent enrolled in the Army on 30.08.1983 and was discharged on 31.08.2009. Disability element pension was granted from 01.09.2009 to 17.02.2012. A Resurvey Medical Board on 16.07.2012 granted disability for life without broad banding. The first respondent filed O.A.No.80 of 2019 before the Armed Forces Tribunal, Chennai. The Tribunal allowed the application on 09.03.2021, directing broad banding. The Union of India filed WP No. 23504 of 2024 before the Madras High Court challenging the Tribunal’s order. The High Court dismissed the writ on 07.03.2025, confirming the Tribunal’s order.
Acts & Sections
- Constitution of India: Article 226
