Facts
The respondent was enrolled in the Indian Army on January 3, 1985, and commissioned in 2002.
Source reference: para. 3Upon his retirement on September 30, 2021, the Release Medical Board (RMB) assessed his disability, "Primary Hypertension," at 30% for life but opined it was "Neither Attributable to Nor Aggravated by Service" (NANA) because the onset occurred in 2017 while he was posted at a "peace station" (Bangalore).
Source reference: paras. 3, 18(V)His claims and subsequent appeals for disability pension were rejected by military authorities.
Source reference: para. 3The Armed Forces Tribunal (AFT), Lucknow, allowed his claim in OA No. 110 of 2023, prompting the Union of India to challenge the decision via this writ petition.
Source reference: paras. 1, 4Issues
1. Whether a disease detected after 32 years of service can be deemed "Neither Attributable to Nor Aggravated by Service" solely because its onset occurred at a peace station.
Source reference: paras. 7-8, 112. Whether the Medical Board is legally mandated to provide detailed, reasoned findings when denying the causal connection between military service and a disability.
Source reference: paras. 20-22Law Applied
Regulation 173 of the Pension Regulations for the Army, 1961, which mandates disability pension if the disability is ≥20% and attributable to or aggravated by service.
Source reference: para. 13Appendix II (Entitlement Rules) and Regulation 423 of the Regulations for Medical Services for Armed Forces, 1983, which establish that (a) a member is presumed in sound health upon entry if no disease is noted [para. 29.2], (b) the onus of proof for non-entitlement lies with the employer [para. 29.3], and (c) it is immaterial whether the disability arose in a field or peace area [para. 17(i)].
Source reference: paras. 29.2, 29.3, 17(i)Precedent in Dharamvir Singh v. Union of India (2013) 7 SCC 316, affirming the presumption of service-connection for diseases arising during service.
Source reference: para. 10Precedent in Rajumon T.M. v. Union of India (2025) SCC OnLine SC 1064.
Source reference: para. 39Reasoning
The Court observed that the respondent served for 32 years without any noted medical issues before the onset of hypertension.
Source reference: paras. 11, 31It rejected the petitioners' argument that peace-station postings preclude service aggravation, noting that such stations involve rigorous training and inherent stress.
Source reference: paras. 8, 11, 36The Court found the RMB's findings in "Form AFMSF-16" to be devoid of reasons and medical history.
Source reference: paras. 18(VI), 19The Court reasoned that under Regulation 423(d), providing reasons is not a mere formality but a statutory requirement because the Medical Board’s opinion is final regarding the "actual cause" of disability.
Source reference: paras. 21-22Since the authorities failed to discharge the burden of proving that the disease was not service-related through a reasoned medical opinion, the denial was held to be arbitrary.
Source reference: paras. 28, 30The Court further noted that high-altitude service (documented in the respondent's record) is medically linked to chronic hypertension, a factor the RMB failed to consider.
Source reference: para. 32Holding
The Court held that an opinion of the Medical Board devoid of reasons cannot be used to deprive a serviceman of disability pension.
The "benefit of doubt" must be given to the soldier where the service conditions (even in peace areas) contribute to stress and strain.
Source reference: paras. 11, 36The Court dismissed the writ petition, upholding the AFT’s order, and directed that the respondent be granted disability pension with immediate effect along with all attending benefits.
Source reference: paras. 41, 38Original Court PDF
Union Of India Thru. Secy. Ministry Of Defence Govt. Of India New Delhi And 3 OthersvsSl-04713h Lt. Col. Ashok Kumar Singh
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