The Supreme Court has ruled in favor of a soldier who was discharged from service 36 years ago, directing the Army to grant him 50% disability pension. The Court made it clear that when a soldier is invalided out, it is presumed that the disability arose from military service.

“A soldier cannot be asked to prove that the disease was contracted due to military service. The fact that he was declared fit upon entry creates a presumption in his favor,”
observed the bench of Justice Abhay S Oka and Justice Ujjal Bhuyan.

The appellant, Bijender Singh, joined the Army in 1985 and was discharged in 1989 after being diagnosed with "generalized tonic clonic seizure," assessed at below 20% disability. His claim for disability pension was earlier denied by the Armed Forces Tribunal.

Read Also:- Supreme Court Rejects Punjab Govt's Plea Against Bail of Bikram Singh Majithia in NDPS Case

He argued that he was healthy at the time of recruitment and that the illness developed due to his posting at high-altitude Siachen Glacier in 1988. The Court emphasized that it was the Army’s duty to prove that the disease was not linked to military service.

“If there is no note of any disease at the time of joining, the presumption is that the disease occurred due to service,”
the Court stated.

The Court cited rules and previous decisions, including Union of India vs Rajbir Singh and Dharamvir Singh vs Union of India, affirming that disability leading to discharge must be presumed service-related and of at least 20%.

“The morale of armed forces requires undiluted protection. If an injury leads to loss of service without any recompense, morale will be harmed,”
the judgment highlighted.

Read Also:- Supreme Court Rebukes Rahul Gandhi Over Savarkar Remark, Pauses Defamation Case With Strict Warning

The Court also clarified that as per regulations, a disability resulting in invaliding out of service must be treated as not less than 20%, thereby making the individual eligible for 50% disability pension.

In conclusion, the Supreme Court directed the Army to grant the appellant 50% disability pension effective from January 1, 1996, for life, along with arrears and 6% annual interest. The payment must be made within three months.

“The law is settled. If there is no prior record of disease, it is presumed to be service-related. The onus is on the employer to disprove this,”
the Court concluded.

Appearances : For appellant- Himanshu Gupta, Adv; Manoj C Mishra AOR; For respondent- Dr N Visakamurthy, AOR.

Case : Bijender Singh vs Union of India