LexUNION OF INDIA & ANR. versus RAJBIR SINGH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2015] 2 S.C.R. 183 UNION OF INDIA&ANR. v. \ RAJBIR SINGH (Civil Appeal No. 2904 of 2011) FEBRUARY13, 2015 [T.S. THAKUR AND R. BANUMATHI, JJ.] Pension Regulations for the Army, 1961: Regulation 173 - Disability Pension - Respondents invalided out of service A B on account of medical disability - Whether the disability which each one of the respondents suffered was attributable C to or aggravated by military service and the Tribunal has not erred in holding the respondents entitled to claim disability pension - Held: It is for the employer to prove that the disability/disease was wholly unrelated to military service since otherwise the rules raise a presumption that the D deterioration in the health of the member of service was on account of military service or aggravated by it-+- In the instant case, there was admittedly neither any note in the service records of the respondents at the time of their entry into E service nor any reasons recorded by the Medical Board to suggest that the disease which the member concerned was found to be suffering from could not have been detected at the time of his entry into service - Each one of the respondents having been discharged from service on F account of medical disease/disability, the disability must be presumed to have been arisen in the course of service. Dismissing the appeals, the Court HELD: 1. The claims of the respondents for payment G of pension are regulated by Pension Regulations for the Army, 1961. Regulation 173 of the said Regulations provides for grant of disability pension to persons who are invalided out of service on account of a disability 183 H 184 SUPREME COURT REPORTS [2015] 2 S.C.R. A which is attributable to or aggravated by military service in non-battle casualty and is assessed at 20% or above. Whether or not the disability is attributable to or aggravated by military service, is in turn, to be determined under Entitlement Rules for Casualty B Pensionary Awards, 1982 forming Appendix-II to the Pension Regulations. [Paras 7, 8) [191-E; 192-B] Union of India v. Keshar Singh (2007) 12 SCC 675 : 2007 (5) SCR 408; Om Prakash Singh v. Union of India C (2010) 12 SCC 667: 2010 (8) SCR 490 - referred to. 2. The guiding principles that emerge from conjoint and harmonious reading of Rules 5, 9 and 14 of Entitlement Rules are: a member is presumed to have been in sound physical and mental condition upon D entering service except as to physical disabilities noted or recorded at the time of entrance; in the event of his being discharged from service on medical grounds at any subsequent stage it must be presumed that any such deterioration in his health which has taken place E is due to such military service; the disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service, if no note of it was made at the time of the individual's acceptance for military service; and if medical opinion holds that the F disease, because of which the individual was discharged, could not have been detected on medical examination prior to acceptance of service, reasons for the same shall be stated. [Para 11] [194-A-E] Secretary, Ministry of Defence and Ors. v. A. V. G Damodaran (Dead) through LRs. and Ors. (2009) 9 SCC 140: 2009 (13) SCR 416 - referred to. 3. The provision for payment of disability pension is a beneficial provision which ought to be interpreted liberally so as to benefit those who have been sent home H with a disability at times even before they completed their UNION OF INDIA &ANR. v. RAJ BIR SINGH 185 tenure in the armed forces. There may indeed be cases, A where the disease was wholly unrelated to military service, but, in order that denial of disability pension can be justified on that ground, it must be affirmatively proved that the disease had nothing to do with such service. The burden to establish such a disconnect would lie B heavily upon the employer for otherwise the rules raise a presumption that the deterioration in the health of the member of the service is on account of military service or aggravated by it. A soldier cannot be asked to prove that the disease was contracted by him on account of c military service or was aggravated by the same. Applying the above parameters to the cases at hand, each one of the respondents having been discharged from service on account of medical disability, the disability must be p
Excerpt shown. Read the full judgment & AI analysis in Lexace.