Court affirms entitlement and rounding off benefits for disabilities attributable to military service, dismissing Union of India's appeal
In a significant ruling, the Punjab and Haryana High Court has upheld the rights of former armed forces personnel to receive disability pensions, affirming the entitlement even for those who retire on superannuation or complete their tenure. The court dismissed the appeal by the Union of India against the grant of disability benefits to Ex-Hav Ram Dhari, reinforcing the principles set out in previous Supreme Court judgments.
The case centered around Ex-Hav Ram Dhari, who was initially assessed by a medical board to have a 20% disability due to Recurrent Sigmoid Volvulus, deemed neither attributable to nor aggravated by military service. However, he was later granted a 50% disability pension for life by a tribunal, a decision contested by the Union of India.
The High Court, comprising Justices Harsimran Singh Sethi and Yashvir Singh Rathor, ruled that the respondent was entitled to the presumption of service connection for his disability under the Entitlement Rules for Casualty Pensionary Awards, 1982. The judgment emphasized that unsubstantiated medical board findings cannot override this entitlement.
The court referenced the Supreme Court's decisions in Dharamvir Singh v. Union of India (2013) and Ram Avtar (2014), which established that disabilities manifesting during service are presumed to be service-related if the personnel was medically fit at the time of enrollment. Furthermore, the ruling reaffirmed the right to rounding off disability percentages to higher levels, a benefit reiterated in the case of Union of India v. Reet MP Singh (2025).
The Union of India's argument, based on medical board assessments and the respondent's discharge on compassionate grounds, was found insufficient to challenge the tribunal's decision. The High Court concluded that the disability must be attributed to military service, validating the tribunal's order for a 50% disability pension.
This judgment underscores the legal precedents ensuring fair treatment of armed forces personnel with service-related disabilities, marking a decisive moment for veterans seeking rightful benefits.
Bottom Line:
Armed Forces personnel suffering from a disability attributable to or aggravated by military service are entitled to disability pension and the benefit of rounding off of the disability percentage irrespective of whether they retired on superannuation, completion of tenure, or were invalidated out of service.
Statutory provision(s): Entitlement Rules for Casualty Pensionary Awards, 1982
Union of India v. EX Hav Ram Dhari, (Punjab And Haryana)(DB) : Law Finder Doc id # 2890367
