VidhiSangh

Supreme Court of India · 19/07/2022

UNION OF INDIA & ORS. versus EX. SEP. R. MUNUSAMY

[2022] 7 S.C.R. 473 · 2022 INSC 731

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Summary

A soldier was discharged in 1997 on administrative grounds as an undesirable soldier under Army Rule 13(3) III(v), not on medical grounds. The Release Medical Board found his seizure disorder neither attributable to nor aggravated by service. His claim for disability pension was rejected in 1998 and his appeal in 2000; he never challenged the discharge. About twenty years later the Armed Forces Tribunal ordered a Resurvey Medical Board and granted disability pension. The Supreme Court set this aside. Disability pension arises where a disease leads to discharge, and Rule 14 of the Entitlement Rules, 1982 and Rajbir Singh apply only to invalidation on medical grounds. The Tribunal does not sit in appeal over a Medical Board's opinion, and entitlement cannot be decided on a medical examination held two decades after discharge. The claim should not have been entertained at all.

Issues

  1. Whether a soldier discharged on administrative grounds as undesirable, whose disability was found not attributable to or aggravated by service, is entitled to disability pension.
  2. Whether the Tribunal could direct a Resurvey Medical Board and grant disability pension about twenty years after discharge, relying on Rule 14 of the Entitlement Rules and Rajbir Singh.

Provisions considered

Held

Result

Appeal allowed; the Tribunal's judgment and order of 18.02.2020 set aside. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 473.