VidhiSangh

Supreme Court of India · 17/12/2021

PANI RAM versus UNION OF INDIA AND ORS.

[2021] 9 S.C.R. 1024 · 2021 INSC 922

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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

  1. Whether membership of an Ecological Task Force company excluded the soldier from the Territorial Army disability-pension framework.
  2. Whether an internal communication or signed certificate could defeat the statutory claim.

Provisions considered

Held

Result

Appeal allowed; AFT rejection set aside; disability pension directed from 1 January 2012, arrears with 9% annual interest within three months; no costs.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 1024.