In Union of India v. Mohanraj TK, the Kerala High Court dismissed the Union of India’s writ petition challenging the Armed Forces Tribunal, Kochi’s order granting disability pension-related relief to a retired Subedar Major/Honorary Captain. The Court held that where no disease was recorded at the time of enrolment, the soldier is entitled to statutory...
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Disability pension for Armed Forces personnel is payable where a disability is attributable to or aggravated by military service and satisfies the applicable pensionary rules. In many cases, if no disease or disability was noted at the time of enrolment/commissioning, and the disability arose during service, courts have applied a presumption in favour of the...
Read MoreDisability pension for Armed Forces personnel in India is payable where a disability is assessed as attributable to or aggravated by military service and satisfies the applicable pension regulations, entitlement rules and medical-board standards. The Armed Forces Tribunal is the principal forum for challenging denial of disability pension, rejection of attributability/aggravation, incorrect percentage assessment, denial...
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Disability pension is not a benevolent concession; it is a legal recognition of the medical cost of service.By Adv. Govind BaliA disability pension is a pensionary benefit granted to armed forces personnel where a disability is attributable to or aggravated by military service. Indian courts have repeatedly held that a disability pension cannot be denied...
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Introduction The law on disability pension below 20% has often been trapped in a narrow administrative reading. A Medical Board assesses the disability at less than 20%, the pension authority treats the figure as decisive, and the claim for disability element is rejected. The process appears neat on paper. It is, however, far less satisfactory...
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