Ex-Soldier’s Disability-Pension Claim Reopened After Tribunal Dismissed It For Delay; P&H HC Orders Fresh Decision

The petitioner was enrolled in the Army on 20 November 1983 and invalided out of service on 26 April 1984.

Before release, a Release Medical Board assessed his “Poly Arthritis-714 (B)” disability at 20% for two years and found it attributable to military service.

A later Re-survey Medical Board assessed the disability as permanently below 20% (6%–10%), and the pension sanctioning authority rejected his continuing claim for disability pension.

The Armed Forces Tribunal dismissed his application on the ground of delay.

He challenged that order before the High Court.

In Shri M.L. Patil (Dead) through LRs v. State of Goa, Civil Appeal No. 4100 of 2022, decided 20 May 2022, the Supreme Court treated pension as a continuous cause of action and held that delay may affect the relief, including arrears, but does not justify denying pensionary entitlement on that ground alone.

In Sukhvinder Singh v. Union of India, Civil Appeal No. 5605 of 2010, decided 25 June 2014, the Supreme Court held, in the context of a person invalided out of service, that a disability assessed below 20% is to be treated as at least 20% for the purpose of disability pension.

The judgment identifies no statute or regulation as an independent basis for its decision.

The Tribunal had dismissed the petitioner’s application solely for delay. Applying M.L. Patil, the High Court held that delay could not, by itself, defeat a claim for pensionary benefits because pension is a recurring cause of action; delay could instead be considered when determining the ultimate relief.

On the merits, the Court noted the earlier finding that the disability was attributable to military service and applied Sukhvinder Singh to the petitioner’s claim that the disability led to his invalidation from service, notwithstanding the later assessment below 20%.

The Court also noted that the respondents had not rebutted the submission that the petitioner could not have continued performing his duties with the disability.

It therefore found that the matter warranted fresh consideration rather than dismissal on delay alone.

The High Court allowed the petition and set aside the Armed Forces Tribunal’s order dated 31 July 2024.

It directed the Tribunal to pass a fresh order within three months of receiving the certified copy of the High Court’s order and directed the parties to appear before the Tribunal on 13 December 2026.

The Court did not itself grant disability pension; entitlement remained for the Tribunal to determine on reconsideration.

Pending civil miscellaneous application(s) were also disposed of.