Service-Related Disability Entitles Armed Forces Personnel To Full Pension Benefits; Meeting Qualifying Period Not Mandatory: P&H HC

Background

Sukhdev Singh joined the Indian Army's Sikh Regiment in 1972. He served for 24 years before retiring in 1996 with a service pension. In 1999, he was re-enrolled as a Sepoy in the Defence Security Corps (hereinafter, “DSC”) for an initial term of 10 years. During this second tenure, he developed disabilities including primary hypertension, obesity, and osteoarthritis. These were attributed to or aggravated by his service and were assessed at 50% disability by the Release Medical Board. Consequently, he was downgraded to medical category P3 (Permanent) and discharged in 2009.

While he received the disability element of his pension, the service element for his DSC tenure was denied. Aggrieved, he approached the Armed Forces Tribunal, which allowed his claim for the service element. The Union of India filed an appeal against this decision in the Punjab and Haryana High Court.

Arguments

The Union of India argued that the Pension Regulations for the Army, 1961 and 2008, clearly stipulate that the service element is contingent upon completing 15 years of qualifying service. However, Sukhdev Singh had served only 9 years and 294 days in the DSC. Further, she argued that the Tribunal had wrongly relied on Regulation 179 of the 1961 Regulations, as it only applied to personnel discharged due to disability, and does not relate to those discharged upon non-renewal of tenure.

Court's Reasoning

The court examined Regulation 179 of the 1961 Regulations. It noted that Regulation 179 specifically provides that personnel who are discharged due to a disability aggravated by military service, are to be treated as if they were invalided out of service. This Regulation ensures such personnel are entitled to both the disability and service elements of the pension, even if they have not completed 15 years of service. Thus, citing Om Prakash Guleria (2021) the court ruled that both elements of the pension must be granted for disabilities incurred during service.

Further, the court addressed the Union's argument on qualifying service. It noted that Singh's disability of 50%, arose during his DSC tenure. Thus, it precluded any extension of his service. Since his inability to complete 15 years was attributable to the disability itself, the court ruled that he was eligible for the service element under Regulation 179. Additionally, the court held that he cannot be denied his second pension for his DSC service only because he continued to receive pension for his first service in the Army.

Thus, the court dismissed the writ petition. It affirmed the Tribunal's order to grant Sukhdev Singh the service element of his disability pension.

Decided on: 14-01-2025

Neutral Citation: 2025:PHHC:003621-DB | Union of India & Ors. v. Ex Sep Sukhdev Singh & Anr.

Counsel for the Petitioners: Ms. Promila Nain, Senior Panel Counsel

Counsel for the Respondents: Not specified

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