Disability once declared as permanent for life cannot be restricted to lesser period: Army Tribunal

Granting disability pension for medical disorders incurred while he was still in service to an Army officer about 33 years after he retired, the Armed Forces Tribunal (AFT) has ruled that disability once declared as permanent by a medical board cannot be reduced to a lesser period by administrative authorities.

The officer was enrolled in the Army in 1962 and later became a commissioned officer in 1985 before retiring in 1991. A release medical board assessed his disability of heart disease at 30 per cent and permanent for two years, holding it to be aggravated by military service. His claim for disability pension, however, was rejected by the authorities.

The Tribunal’s Bench comprising Justice Anil Kumar and Maj Gen Sanjay Singh said that the Supreme Court has already made it clear that without physical medical examination of a patient, a higher formation cannot overrule the opinion of a medical board.

“Thus, it is clear that the disability assessed by release medical board cannot be reduced or overruled by the competent authority, hence the decision of competent authority by not granting disability element of pension is void,” the Bench ruled, adding that hence, they were of the opinion that the disability of the petitioner should be considered as aggravated by military service as has been opined by the medical board.

The Bench also observed that the medical board had endorsed the petitioner’s disability as permanent for two years, which meant that the disability was of a permanent nature and it could not be limited for two years.

“Additionally, since the petitioner was invalided out from service in low medical category before completion of his terms of engagement because of the aforesaid disability, we are of the considered opinion that the petitioner’s disability is a permanent nature,” the Bench further said.

“As the disability is a permanent nature, the decision once arrived at will be for life and petitioner is entitled disability pension for life, which cannot be restricted for a period of two years,” the Bench ruled.

Setting aside the orders rejecting the petitioner’s claim for disability pension, the Tribunal has directed the defence ministry to sanction disability element of his pension for life, which is to be rounded-off to 50 percent in accordance with rules. The arrears, as per law, are to be restricted to three years prior to the date of moving the Tribunal.