Jammu and Kashmir High Court Confirms Disability Pension for Ex-Soldier, Reinforces Service-Attribution Rule
The Jammu and Kashmir and Ladakh High Court has upheld a decision by the Armed Forces Tribunal to grant disability pension benefits to a former Army soldier, reinforcing the legal stance that any disability developing during military service is presumed to be service-related unless proven otherwise.
Justices Sindhu Sharma and Shahzad Azeem, forming a Division Bench, dismissed a petition from the Union of India that sought to challenge the Tribunal's decision in favor of Ex-Naik Roshan Lal.
The Court noted that Roshan Lal's disability developed after over 14 years in the Indian Army, and the authorities' rationale for denying its attribution to service was insufficient.
Disability Developed During Service
Roshan Lal joined the Indian Army in July 1977 and later developed Hypermetropic Amblyopia of the right eye while stationed at Namkum. This condition led to a lower medical classification and ultimately his discharge under the Army Rules of 1954.
Initially, a medical board acknowledged that the disability occurred during service and was beyond Lal's control. However, the Release Medical Board later assessed his disability at 15–19 percent, declaring it neither attributable to nor worsened by military service, thus rejecting his pension claim.
After several appeals, a Review Medical Board in 2020 assessed his disability at 20 percent for life. Yet authorities again refused the disability pension, prompting further litigation at the Armed Forces Tribunal.
High Court Upholds Tribunal's Decision
The High Court concurred with the Tribunal's view that denying attributability lacked substantial evidence.
The Bench noted that because no disability was recorded upon his enlistment and the condition appeared after more than 14 years of service, it is presumed under legal principles to have arisen during active duty.
The Court referred to important Supreme Court rulings, including Dharamvir Singh v. Union of India, Sukhvinder Singh v. Union of India, and Union of India v. Ram Avtar, which enhance the rights of disabled Armed Forces personnel regarding disability pensions and rounding-off benefits.
Disability Pension and Rounding-Off Benefits Upheld
The Court affirmed the Tribunal's order to grant a disability pension at 20 percent from January 1, 1994, to December 31, 1995, and to round it off to 50 percent from January 1, 1996, for life.
It also supported the Tribunal's decision to restrict arrears to three years before the filing of the Original Application.
The judgment is seen as a crucial affirmation of the legal protections for Armed Forces personnel who develop disabilities during service, underscoring the principle that military personnel should benefit from any doubt when disabilities arise during service.
This ruling is anticipated to serve as significant guidance for future disability pension cases involving Indian Armed Forces veterans.
