Armed Force Law

Disability Pension on Red Entries

We will discuss here about the grant of disability pension on red entries. Army Authorities pass discharge order on acquiring four and more red-ink entries.

Disability pension on red-ink entries was always a disputed question. Few soldiers of Army/ Air Force/ Navy, who get discharge order before completion of their pensionable service.

What is the remedy to get disability pension on red-entries, we will discuss in future paragraphs.

What are red-ink entries in Army Service?

A Commanding Officer of any military Unit can award minor punishments to soldier for their minor misconduct committed under Army Act.

The Commanding Officer can pass minor punishment like Severe Reprimand, Pay fine, Detention etc in the form of Black & Red Entries.

If any soldier get four red-entries or more entries. The Commanding Officer can discharge the solider from service after issuing Show Cause Notice on recommendation of Court of Inquiry.

Discharge on Red Entries is Punishment or Not?

Military Authorities treat such discharge order as punishment on acquiring Red-Ink Entries.

Therefore, if the solider is discharged from service on red-ink entries, he is denied for any kind of pension including disability element by Army Authorities, if he failed to qualifying 15 years of service.

Regulation 113(a) of the Pension Regulation speaks about the denial of pension in dismissal cases.

Whereas Regulation 113(c) clearly speaks about the entitlement of the pension benefits.

And, the Hon'ble Supreme Court had decided the similar issue years ago that Army Authorities cannot refuse pension benefits in such discharge cases of red entries.

Discharge on Red Entries does not affect disability pension

Such aggrieved soldiers are approaching to Armed Forces Tribunal for grant of disability element, if they were Low Medical Category at the time of discharge.

And AFTs are granting relief of disability element on carefully examination of each facts pertaining to the matters.

Disability Pension in Armed Forces is very important issue in Ministry of Defense. About 15 percent soldiers becomes Low Medical Category due to Injury and diseases.

Supreme Court Judgments Red Entries matters

The Hon’ble Supreme Court in Ram Pal Singh versus Union of India (Civil Appeal No. 910/1981 decided on 05.10.1983) held that discharge due to minor punishments cannot reject the claim of disability pension.

AFT Judgments for disability pension on Red Entries

There are some favorable judgments of Armed Forces Tribunals (AFTs) granting disability pension in such discharge cases. Some of these are as follows:-

(a) OA No. 114/2016 titled Kuldeep Singh Vs Union of India decided on 27.11.2017.

(b)  TA No. 83/2010 titled Rounki Singh Vs Union of India decided on 23.04.2010.

If anyone does not get favorable judgment from Armed Forces Tribunal. He can file Appeal Against AFT Judgment in High Court through Writ Petition.

Conclusion

Conclusively, the Armed Forces Tribunals (AFTs) are allowing such discharge cases for disability pension. However, every case has own facts and merit.

Few appeals are pending before Supreme Court on similar matters having different facts.

Read More : Recruit also Entitled for Disability Pension