Court rules non-conduct of Release Medical Board as negligence, grants pension from three years prior to the petition filing.
In a significant ruling, the Rajasthan High Court's Jaipur Bench has ordered the Union of India to grant invalid pension to Ex-Sepoy Om Prakash, citing negligence and malice in his discharge from the army without a Release Medical Board (RMB). The court found that Om Prakash's diagnosed disability, Radial Nerve Palsy, was attributable to military service, entitling him to pension benefits under Regulations 197 and 198 of the Army Pension Regulations, 1961.
The court criticized the army for failing to conduct a medical examination before discharging Om Prakash, particularly when his medical history included multiple hospitalizations for the diagnosed condition. The discharge order, which omitted his medical condition, was deemed an attempt to conceal his disability. The judgment emphasized the beneficial nature of the pension regulations, advocating for a liberal interpretation to support ex-servicemen.
Despite the delay in filing the petition, the court recognized the denial of pension as a continuing cause of action, thus not barring Om Prakash from relief. The pension arrears were restricted to three years prior to the filing of the writ petition, aligning with Supreme Court precedents. The court also addressed the discharge linked to red ink entries, stating that these should not be seen as a mandatory trigger for discharge, particularly given the petitioner's medical condition at the time.
The ruling mandates the Union of India to disburse the arrears by June 2026 and to continue regular pension payments thereafter. Any delay in payment will incur interest, ensuring timely compliance with the court's order.
Bottom line:-
An ex-serviceman discharged without a Release Medical Board (RMB) due to a diagnosed disability attributable to or aggravated by military service is entitled to invalid pension under Regulations 197 and 198 of the Army Pension Regulations, 1961.
Statutory provision(s): Army Pension Regulations, 1961, Regulations 197 and 198
Ex Sepoy Om Prakash v. Union of India, (Rajasthan)(Jaipur Bench)(DB) : Law Finder Doc id # 2923693
