Allahabad High CourtSocial Security and PensionsMilitary and National Security Law

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 Othersv.Sl-04713h Lt. Col. Ashok Kumar Singh

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 Court. LawLens
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In brief

The question

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.

The court held

The Court held that an opinion of the Medical Board devoid of reasons cannot be used to deprive a serviceman of disability pension.

It also directed

The "benefit of doubt" must be given to the soldier where the service conditions (even in peace areas) contribute to stress and strain.

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.

01Facts

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

¶ 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).

¶ 3, 18(V)

His claims and subsequent appeals for disability pension were rejected by military authorities.

¶ 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.

¶ 1, 4

02Issues

i.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.

¶ 7-8, 11

ii.2. Whether the Medical Board is legally mandated to provide detailed, reasoned findings when denying the causal connection between military service and a disability.

¶ 20-22

03Law 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.

¶ 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)].

¶ 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.

¶ 10

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

¶ 39

04Reasoning

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

¶ 11, 31

It rejected the petitioners' argument that peace-station postings preclude service aggravation, noting that such stations involve rigorous training and inherent stress.

¶ 8, 11, 36

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

¶ 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.

¶ 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.

¶ 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.

¶ 32

05Holding

The Court held that an opinion of the Medical Board devoid of reasons cannot be used to deprive a serviceman of disability pension.

¶ 25, 34

The "benefit of doubt" must be given to the soldier where the service conditions (even in peace areas) contribute to stress and strain.

¶ 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.

¶ 41, 38
Allahabad High Court

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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

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