Constitution of India: SC Denies Disability Pension

In July 2010, the Supreme Court has denied disability pension to an ex-serviceman who has opted for voluntary retirement. Further, the apex court held regulation 50 of military service rules as valid in accordance with the Constitution of India.

Constitution of India: Army Major Claims Disability Pension, SC denies it

Lieutenant Colonel Ajay Wahi, who was suffering from acute bronchitis, took voluntary retirement in 1994; on the grounds of his deteriorating health condition. Earlier, in 1988, he was admitted to Command Hospital for treatment of bronchial asthma and backache. However, the Medical Board concluded that his ailments were not directly linked to military service. Nonetheless, the Board confirmed that the complications were caused due to strain of exposure to hostile weather conditions. Subsequently, the disability pension was claimed by Wahi. However, the claim was denied by the Defense Ministry citing that he was not considered invalid or unfit for continuing in service. Following this, Wahi filed a writ petition before the Rajasthan High Court, claiming disability pension. His contention was that Regulation 50 violated his right to equality, guaranteed under Article 14 of the Constitution of India. The court ruled in favor of Wahi and directed the Union Government to release the pension.

The ruling was challenged, by the Centre in the Supreme Court. The High Court’s judgment was quashed by the Supreme Court. The apex court said that regulation 48 of military service rules entitles only those personnel for disability pension who are invalided out of service on account of disability attributable to or aggravated by military service. However, regulation 50 provides that an official who takes voluntary retirement shall not be entitled to any award on account of any disability. Further, the Supreme Court held that Wahi was not invalided out of service, due to disability attributed by military service.