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.
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.
Normally, Division Bench of High Court hears 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.
Supreme Court Advocate in Delhi for armed forces matters should be fully updated about the rules, regulation made for Army/ Air Force/ Navy.