Invalid Pension To Medically Discharged Defence Staff, 10-Year Service Minimum Not Applicable: Calcutta HC

A Division Bench of the Calcutta High Court comprising ACJ Sujoy Paul and Justice Partha Sarathi Sen held that Invalid pension is payable for medical discharge regardless of minimum service of 10 years if the disability is permanent. Background Facts The respondent had served in the Indian Army as a Sepoy from 1985 to 2009. He was discharged with pension upon completion of his tenure. Then, he was re-enrolled in the Defence Service Corps (DSC) in 2009 for a 10-year period. During this period, he was diagnosed with primary hypertension in 2017 and later with Tourette's disorder and moderate depressive disorder in 2018. Both are categorized as permanent medical conditions. He was discharged on medical grounds with effect from 01.12.2019, after rendering 8 years, 8 months, and 8 days of DSC service. He then applied for Invalid Pension, which was denied by the authorities. Aggrieved, he approached the Armed Forces Tribunal, which allowed his application and directed the grant of Invalid Pension from the day after his medical discharge. Aggrieved by the decision of the Tribunal, the Union of India filed the writ petition before the High Court. It was argued by the Union of India that the employee was declared medically unfit for military service, but he was not permanently incapacitated for other civil employment. The UOI relied on a circular dated 16th July 2020, which stipulated that Invalid Pension is only payable when a person is invalidated for all types of employment, not just service in the Armed Forces. It was contended that since the employee was found invalid only for military duties, he was not entitled to the pensionary benefits as per the department's policy. On the other hand, it was contended by the employee that he was entitled to invalid pension discharged on medical grounds with effect from 01.12.2019, after rendering 8 years, 8 months, and 8 days of DSC service Findings of the Court The judgment of Union of India & Ors. versus P.A. Thomas was relied upon wherein the Three Judge Bench of the Supreme Court had observed that the length of service should have no applicability for the grant of Invalid Pension when a person was discharged on medical grounds. It was further observed that “a government servant who retired from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years may be granted invalid pension.” Further in case of EX. Rect Mithilesh Kumar Versus Union Of India & Ors, it was also held that an employee discharged on medical grounds due to permanent incapacity is entitled to Invalid Pension irrespective of whether they have completed the minimum qualifying service. It was further observed that the department's reliance on a circular dated 16th July 2020 was misplaced. Relying upon the decisions in V. Vincent Velankanni vs. Union of India and Ors. and Bharat Sanchar Nigam Limited and Ors. vs. Tata Communications Limited, it was held that such a circular cannot operate retrospectively to deprive the employee of a right that had already accrued to him upon medical discharge. The circular was issued after the employee's invalidation therefore, it could not be used to deny him invalid pension. Hence, the Tribunal's decision granting the employee Invalid Pension for life from 02.12.2019 was upheld by the Division Bench. Consequently, the writ petition filed by the Union of India was dismissed by the Division Bench. Case Name : The Union of India & Ors. Vs Gandeti Vasudeva Rao (Ex Sep No.1396744-H) Case No. : WPCT 152 of 2025 Counsel for the Petitioners : Moti Sagar Tiwari, Guddu Singh Counsel for the Respondent : N/AClick Here To Read/Download Order

Invalid Pension To Medically Discharged Defence Staff, 10-Year Service Minimum Not Applicable: Calcutta HC

Namdev Singh

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