Bijender Singh v. Union of India

April 23, 2025

2025 INSC 549
SUPREME COURT OF INDIA
Abhay S. Oka; *Ujjal Bhuyan; JJ.
Civil Appeal Nos. 4458-4459 of 2024; April 23, 2025
Bijender Singh v. Union of India & Ors.

Keywords: Disability Pension, Armed Forces Tribunal, Military Service, Invaliding Medical Board, Pension Regulations, Entitlement Rules, Presumption of Sound Condition, Burden of Proof, Rounding Off Disability Percentage

Held: The Supreme Court allowed the appeals, setting aside the Armed Forces Tribunal’s orders dated 26.02.2016 and 22.01.2018, which denied the appellant disability pension. The Court held that the Tribunal erred in focusing solely on the disability percentage (below 20%) without examining whether the disability was attributable to or aggravated by military service. The appellant, invalided out of service in 1989 due to generalized tonic clonic seizure, was presumed to be in sound health at the time of enrollment in 1985, with no recorded disability. Under Rule 14(b) of the Entitlement Rules for Casualty Pensionary Awards, 1982, a disease leading to discharge is deemed to arise in service unless proven otherwise with cogent reasons, which the respondents failed to provide. The Court applied precedents in Dharamvir Singh v. Union of India (2013) 7 SCC 316, Rajbir Singh v. Union of India (2015) 12 SCC 264, and K.J.S. Buttar v. Union of India (2011) 11 SCC 429, emphasizing liberal interpretation of pension provisions and the presumption that deterioration in health is due to military service. Instructions dated 31.01.2001 and 19.01.2010, which allow rounding off disabilities below 50% to 50% for post-1996 and pre-1996 invalidment cases, were applicable. The Court directed the respondents to grant the disability element of pension at 50% from 01.01.1996 for life, with 6% interest on arrears, to be implemented within three months.

For Appellant(s) : Mr. Himanshu Gupta, Adv. Mr. Manoj C. Mishra, AOR

For Respondent(s) : Dr. N. Visakamurthy, AOR

Armed Forces Tribunal, Burden of Proof, Disability Pension, Entitlement Rules, Invaliding Medical Board, Military Service, Pension Regulations, Presumption of Sound Condition, Rounding Off Disability Percentage

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