Summary
The Court granted disability pension to a Territorial Army Ecological Task Force soldier invalided out with 80% service-attributable disability. The applicable statutory framework extended corresponding Army pension rules to Territorial Army members, and no inconsistent regulation excluding ETF personnel was shown. An internal government communication could not override those rules. The signed certificate concerning enhanced pension did not exclude disability pension and, in any event, could not justify the unfair restriction in these unequal-bargaining circumstances. Pension was directed from 1 January 2012, with arrears and 9% annual interest payable within three months.
Issues
- Whether membership of an Ecological Task Force company excluded the soldier from the Territorial Army disability-pension framework.
- Whether an internal communication or signed certificate could defeat the statutory claim.
Provisions considered
- Section 9(1), Territorial Army Act, 1948Embodied Territorial Army personnel were subject to the corresponding Army framework, subject to notified adaptations. (¶¶ 13-14, 22)
- Regulations 292 and 173, Pension Regulations for the Army, 1961Corresponding Army pension rules applied absent an inconsistent Territorial Army regulation; service-attributable invaliding disability met the stated requirements. (¶¶ 15-20, 22)
- Article 14, Constitution of IndiaThe State could not rely on an unfair standard-form restriction signed by a soldier without meaningful equal bargaining power. (¶ 22-23)
Held
- Regulation 292 applies the general Army pension regulations to corresponding Territorial Army personnel except where inconsistent with that chapter. Regulation 173 addresses disability pension for invaliding attributable to or aggravated by service with the prescribed minimum disability. No inconsistent rule excluding this ETF soldier was identified. (¶ 15-18)
- The ETF unit was an additional company of the Territorial Army battalion. The Court of Inquiry and medical authorities found the injury service-attributable and not caused by the soldier’s negligence. There was no basis for withholding the disability pension available to other Territorial Army personnel. (¶ 19-20)
- Statutory rules and regulations prevail over inconsistent internal communications between State organs. The Ministry’s communication could not defeat the pension claim. (¶ 21)
- The certificate addressed enhanced pension, not disability pension. Further, the soldier seeking re-employment did not possess bargaining power equal to the Union; the unfair standard-form restriction could not be enforced against him in these circumstances. (¶ 22-23)
- Disability pension was payable under the applicable Territorial Army rules from 1 January 2012. Arrears from that date were to be cleared within three months with interest at 9% per annum. (¶ 24-26)
Result
Appeal allowed; AFT rejection set aside; disability pension directed from 1 January 2012, arrears with 9% annual interest within three months; no costs.