Calcutta High Court Upholds Invalid Pension Rights for Medically Discharged Employee

Court affirms entitlement to pension despite less than 10 years of service, in line with Supreme Court precedents.

In a significant judgment that reinforces the rights of employees discharged on medical grounds, the Calcutta High Court, in a Division Bench consisting of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen, upheld the Armed Forces Tribunal's decision to grant invalid pension to Gandeti Vasudeva Rao. The respondent was discharged from the Defence Service Corps (DSC) after serving for 8 years, 8 months, and 8 days due to medical conditions, including primary hypertension and depressive disorders.

The court's ruling came in response to a petition filed by the Union of India challenging the Tribunal's decision. The Tribunal had previously ruled in favor of Rao, citing Supreme Court precedents that eliminate the requirement of a minimum service period of 10 years for invalid pension in cases of medical discharge.

The Union's counsel argued that Rao was only deemed unfit for armed forces service and not for civil employment, relying heavily on a circular dated 16th July 2020. However, the High Court dismissed these arguments, emphasizing that the circular could not retrospectively affect rights accrued before its issuance.

The judgment draws heavily on established legal precedents, including the Supreme Court's rulings in cases like Ex.Rect Mithilesh Kumar and P.A. Thomas, which advocate for the granting of invalid pension without service length restrictions when an employee is discharged on medical grounds.

The court noted that administrative instructions, such as the Union's cited circular, lack the power to retrospectively alter rights unless explicitly stated. This decision underscores the judiciary's commitment to uphold the rights of individuals discharged due to medical incapacitation, ensuring they receive the pensions they are rightfully entitled to.

The High Court's affirmation of the Tribunal's decision is a relief for Rao, who will now receive his invalid pension from the date of his discharge, along with arrears calculated for the preceding three years.

The ruling reinforces the legal principle that administrative orders cannot retroactively strip away established rights, offering a strong precedent for similar cases in the future.

Bottom Line:

Invalid pension - An employee discharged from service on medical grounds is entitled to invalid pension even if he has not completed the minimum qualifying service of 10 years, as per the law laid down by the Supreme Court.

Statutory provision(s):

• Pension Regulations for the Army, 1961 (Part-I) Regulation 197, Central Civil Services (Pension) Rules, 1972 Rule 38, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Union of India v. Gandeti Vasudeva Rao, (Calcutta)(DB) : Law Finder Doc Id # 2821885