SUKHVINDER SINGH versus UNION OF INDIA & ORS.

SUKHVINDER SINGH versus UNION OF INDIA & ORS.

Disability not recorded at the time of recruitment must be presumed to have been caused during service and unless proved to the contrary, is attributable to military service. There is no provision authorising invaliding out for disability below 20%. If invalided out, disability pension must be granted regardless of actual percentage assessed by Medical Board.

Parties
Appellant: Sukhvinder Singh; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
25 June 2014
Procedural Posture
Civil Appeal / Final Decision on Appeal From Dismissal of Writ Petition
Outcome
Appeal allowed
Legal Topics
Disability Pension, Entitlement, Invaliding Out, Military Service
Service Law Disability Pension Entitlement Invaliding Out Military Service

Case Brief

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Parties

Sukhvinder Singh

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From Dismissal of Writ Petition

Legal Issues

  1. 1 Whether a combatant soldier invalided out of service with a disability below 20% is entitled to disability pension
  2. 2 Whether the disability was attributable to or aggravated by military service

Ratio Decidendi

Disability not recorded at the time of recruitment must be presumed to have been caused during service and unless proved to the contrary, is attributable to military service. There is no provision authorising invaliding out for disability below 20%. If invalided out, disability pension must be granted regardless of actual percentage assessed by Medical Board.

Court Disposition

Appeal allowed

Orders

  • Appellant entitled to disability pension
  • Pension along with arrears to be disbursed to appellant within three months