The Jammu and Kashmir and Ladakh High Court has upheld an order of the Armed Forces Tribunal granting disability pension benefits to a former Army personnel, reaffirming the legal principle that a disability arising during military service is presumed attributable to service unless conclusively disproved.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem dismissed a writ petition filed by the Union of India challenging the Tribunal’s order in favour of Ex-Naik Roshan Lal.
The Court observed that the soldier had developed the disability after more than 14 years of service in the Indian Army and that the subsequent denial of attributability by authorities lacked adequate reasoning.
Disability Developed During Service
Roshan Lal was enrolled in the Indian Army in July 1977. During his service, he developed Hypermetropic Amblyopia of the right eye, which was detected while he was posted at Namkum. The condition led to his placement in a low medical category and eventual discharge under the provisions of the Army Rules, 1954.
While the initial medical board recorded that the disability had been contracted during service and was beyond the soldier’s control, the Release Medical Board later assessed the disability at 15–19 per cent and concluded that it was neither attributable to nor aggravated by military service. Consequently, his claim for disability pension was rejected.
Following multiple appeals and proceedings, a Review Medical Board conducted in 2020 assessed the disability at 20 per cent for life. However, authorities again denied disability pension, leading to further litigation before the Armed Forces Tribunal.
High Court Upholds Tribunal’s Decision
The High Court agreed with the Tribunal’s findings that the rejection of attributability was unsupported by convincing evidence.
The Bench observed that since no such disability had been recorded at the time of enrolment and the condition emerged after more than fourteen years of service, the presumption under established legal principles was that the disability arose during military service.
The Court relied on key Supreme Court judgments, including Dharamvir Singh v. Union of India, Sukhvinder Singh v. Union of India and Union of India v. Ram Avtar, which strengthened the rights of disabled Armed Forces personnel regarding disability pensions and rounding-off benefits.
Disability Pension and Rounding-Off Benefits Upheld
The Court upheld the Tribunal’s direction granting disability element of pension at 20 per cent from January 1, 1994, to December 31, 1995, and thereafter rounding it off to 50 per cent from January 1, 1996, for life.
It also affirmed the Tribunal’s decision limiting arrears to three years prior to the filing of the Original Application.
The judgment is being viewed as a significant reaffirmation of legal protections available to Armed Forces personnel who develop disabilities during service and reinforces the principle that military personnel should receive the benefit of doubt where disabilities arise during their years in uniform.
The ruling is expected to provide important guidance in future disability pension cases involving veterans of the Indian Armed Forces.
