The Rajasthan High Court recently dismissed a writ petition filed by the Union of India, upholding the Armed Forces Tribunal’s order which had granted the disability pension to Ex-Havaldar and Honorary Naib Subedar Raghbir Singh.

The division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Anand Sharma ruled that the Chief Controller of Defence Accounts (Pensions) had no authority or medical expertise to override the opinion of the Medical Board.

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"PCDA(P) reassessment made on 05.04.2003, in our opinion, was not permissible in law because the Chief Controller of Defence Accounts (Pension) did not have any expertise to sit over the correctness of opinion of the Medical Board held on 12.03.1998," – Rajasthan High Court

The case originated when the Armed Forces Tribunal directed that Raghbir Singh should be granted the disability element of pension at 20%, rounded off to 50%, with effect from 25.03.1998 for life, along with arrears and 8% interest per annum.

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However, the Union government challenged this on the grounds that a subsequent medical board in 2003 reassessed the disability to less than 20%, allegedly making him ineligible for pension under Regulation 37(a) of the Defence Services Pension Regulations.

The Court observed that the Re-survey Medical Board had originally assessed his disability at 20% for life in 1998, and it was only the PCDA(P) that reassessed it later to 11–14% for five years.

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The Court leaned on the Supreme Court ruling in Ex Sapper Mohinder Singh vs Union of India, reiterating that non-medical bodies like the Accounts Department cannot question the findings of a legally constituted Medical Board.

“The accounts department does not have authority or any expertise to sit over the assessment made by the Medical Board with regard to extent and period of disability,” – Rajasthan High Court quoting Tribunal’s reliance on Supreme Court

The Court also clarified that the case of Wing Commander S.P. Rathore cited by the petitioners was distinguishable on facts and not applicable here.

Finding no error or excess in jurisdiction in the Tribunal's decision, the High Court upheld the ruling and dismissed the petition.

Accordingly, the petition was dismissed.

Title: Union of India & Ors. v No. 2648428 Ex-Hav and Hony Nb/sub Raghbir Singh