Allahabad High Court

Medical Board opinions lacking specific reasoning cannot be used to deny disability pension to servicemen.

Union Of India Thru. Secy. Ministry Of Defence Govt. Of India New Delhi And 3 Others vs Sl-04713h Lt. Col. Ashok Kumar Singh

Allahabad High CourtJUDGMENT: May 18, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondent was enrolled in the Indian Army on January 3, 1985, and commissioned in 2002.

Source reference: para. 3

Upon 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. 3

The 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, 4
02

Issues

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, 11

2. 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. 20-22
03

Law 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. 13

Appendix 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. 10

Precedent in Rajumon T.M. v. Union of India (2025) SCC OnLine SC 1064.

Source reference: para. 39
04

Reasoning

The Court observed that the respondent served for 32 years without any noted medical issues before the onset of hypertension.

Source reference: paras. 11, 31

It 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, 36

The Court found the RMB's findings in "Form AFMSF-16" to be devoid of reasons and medical history.

Source reference: paras. 18(VI), 19

The 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. 21-22

Since 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, 30

The 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. 32
05

Holding

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, 36

The 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, 38
Allahabad High Court

Original Court PDF

Union Of India Thru. Secy. Ministry Of Defence Govt. Of India New Delhi And 3 OthersvsSl-04713h Lt. Col. Ashok Kumar Singh

Allahabad High Court · May 18, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment