Disability Pension in Armed Forces: Eligibility & Legal Process
Disability Pension in Armed Forces: Eligibility & Legal Process
Disability Pension in Armed Forces
The Need of Disability pension laws in India for members of the Armed Forces for the disabilities developed during military service.
These laws aim to provide financial assistance and alleviate the economic burdens faced by disabled servicemen and women.
This article explores the framework of disability pension laws in India for the Armed Forces, along with pertinent case laws that have shaped their interpretation and implementation.
Eligibility Criteria for Disability Element
Disability pension regulations stipulate two conditions for grant disability pension : –
Assessment of Disability must be @ 20 % or more.
Disability must be attributable to Military service.
The disability may result from injuries sustained in combat, accidents during training, or ailments aggravated by service conditions.
Medical boards, constituted by the Armed Forces, assess the extent of disability and determine eligibility based on prescribed criteria.
Assessment of Disability Pension
Now, the question arise, who will assess the disability of a soldier or officer and what is the method to assess the disability of individual.
Whenever, individual suffered from any injury or disease, a Medical Board placed the soldier into Low Medical Category (LMC).
During the period of permanent LMC, medical board assess the disability in percent like 15 %, 20 %, 40 % ,75 % etc.
Calculation of Disability Pension
Entitlement Rules says that a soldier / Officer is entitled for disability element @ 30 % of last basic pay for 100 % disability.
If the percentage of disability is less then disability element will also be reduced. For example:-
Last Basic Pay :- 10,000/-
Disability Assessment :- 50 %
Amount of Disability Element :- 1,500/-
Role of Release Medical Board in Disability Pension
At the time of retirement or discharge from service, every LMC personnel has to undergo Release Medical Board.
Release Medical Board (RMB) / Invalid Medical Board (IMB) assesses the disability on the basis of opinion rendered by Specialist Doctors of particular disability/ disease.
If RMB assess disability @ 20 % or more and attributable to or aggravated by military service. RMB will recommend for disability element in favour of the LMC soldiers.
In the recent past, the Armed Forces Tribunals are holding the recruit also entitled for disability pension, if medical board has their disability attributable and aggravated by military service.
Petition before Armed Forces Tribunal
If RMB/ IMB did not recommend disability element, individual can approach to Armed Forces Tribunal for grant of disability pension.
The Hon’ble Supreme Court in Dharamvir Singh vs. Union of India (2013) 7 SCC 316, has rendered a land mark judgment for proper adjudication of matters.
In this judgment, the Supreme Court considered various aspects of Entitlement Rules, Guide to Medical Officer and Pension Regulation for Army.
The Supreme Court considered the issue deeply and adjudicated the matter in favor of the soldier for award of disability pension.
Armed Forces Tribunal (Principal Bench) New Delhi has jurisdiction in such matters as maximum offices are present in Delhi.
Armed Forces Lawyer in Delhi can easily help the disable soldier for their rights of disability pension.
AFTs have allowed few OAs for grant of Disability Pension for Schizophrenia which developed after long period of service.
Writ Petition before High Court against AFT Judgments
If Armed Forces Tribunal (AFT) refuses to grant relief, individual can file Appeal against AFT Judgment in High Court through Writ Petition.
Earlier High Courts were refusing to entertain Writ Petition against AFT Order. Now, Supreme Court clarified the law on the subject.
Now, Division Bench of High Court can hear the matter arising out of Armed Forces Tribunal Judgment.
Appeal before Supreme Court against AFT Judgment
Litigant can directly file the appeal before Supreme Court against AFT Judgment under Section 31 of Armed Forces Tribunal (AFT) Act, 2007.
However, if the writ petition filed before any High Court is dismissed, thereafter; individual can file Special Leave Petition before Hon’ble Supreme Court.
A Lawyer for Military Matters dealing such cases should be fully updated about the rules, regulation made for Army/ Air Force/ Navy.
Important case laws on disability pension
(a) Dharamvir Singh Vs Union of India & Ors (Civil Appeal No. 4949/2013)
In this judgment, the Supreme Court ruled that if medical opinion states the disease could not have been detected during the pre-enrolment medical examination, then the Medical Board must clearly explain why the disease is not considered as having arisen during service.
If no record of disability or disease exists at the time of enrolment, then one must deem any disease that causes discharge or death as having originated during service.
Authorities must presume that a member entered service in sound physical and mental health unless there is a record stating otherwise. If the member is later discharged due to health issues, the deterioration must be presumed as service-related.
(b) Union of India & Ors vs Angad Singh Titaria (AIR 2015 SC 1898)
In this case, the Hon’ble Supreme Court held that if the petitioner was found medically and physically fit at the time of enrolment and was later diagnosed with a disease during service, then authorities must presume that the disease was caused due to service, as per Rule 5(b), Rule 4, 5, 9, and Rule 14 of the Entitlement Rules.
(c) Union of India & Anr vs Rajbir Singh (Civil Appeal No. 2904/2011, decided on 13.02.2015)
The Hon’ble Supreme Court held that when authorities discharge a respondent due to medical disability, they must presume the disability arose during the course of service.
Unless the Medical Board records reasons, the disability must also be presumed to be attributable to or aggravated by military service.
(d) Sukhvinder Singh vs Union of India & Ors (Civil Appeal No. 5605/2010)
In this judgment, the Hon’ble Supreme Court held that if the Armed Forces invalid a member out of service, they must assume his disability to be more than twenty percent.
Conclusion
If authorities discharge a soldier in a low medical category with a disability above 20% that is attributable to or aggravated by military service, the soldier can claim disability pension.
Frequently Asked Questions (FAQs)
What is the concept of broad banding of disability?
Ans. Authorities use a simple principle: if disability is less than 50%, it is 50%; if it falls between 50–75%, it is 75%; and if above 75%, it is 100%.
What action should someone take when the authority rejects their disability pension claim?
Ans. The individual should file a First Appeal to the Appellate Authority mentioned in the rejection letter.
What is the remedy if the authority initially assessed my disability above 20% but later reduced it in the Release Medical Board (RMB)?
Ans. The individual can either challenge the RMB findings before the Armed Forces Tribunal or file a First Appeal.
Can I claim only Invalid Pension if my disability is not attributable to military service?
Ans. Yes, if Medial Board invalid out the the individual from service due to disability, he can claim invalid pension.
What is the minimum qualifying service required to earn disability pension?
Ans. There is no minimum qualifying service; the only condition is that the individual should discharge in a low medical category due to a disability.
What action should I take if my disability arose after retirement?
Ans. The individual can request a re-assessment medical board, provided the disability arose within seven years of retirement.
What should I do if the authority stopped my disability pension after 2–3 years?
Ans. The Medical Authority is responsible for calling the individual for a re-assessment board. If they fail to do so, the individual can request it. If there is still no response, he can approach the Armed Forces Tribunal.