Voluntary Discharge does not bar claim to Disability Pension

Ex. Subedar Baljor Singh vs. Union of India and Ors

Filed under: Article 226 of the Constitution of India
Appellant: Ex. Subedar Baljor Singh
Respondent: Union of India and Ors.
Citation: 65 (1997) Delhi Law Times 872 (DB)
Court: In the High Court of Delhi
Judges: Devinder Gupta & Lokeshwar Prasad

Facts

Baljor Singh joined the Indian Army in the year 1975 as a Sepoy. He was subsequently promoted to a Naib Subedar and then in 1989 to the rank of Subedar. In the year 1990 he became Substantive Subedar and was posted in Ranikhet where he continued till 1994.

Baljor had an accident and because of which he sustained multiple fractures in his right ankle. He was admitted in the Military Hospital in Ranikhet for treatment and was later transferred to a Base Hospital in Lucknow. However, because of the injury his right leg had to be amputated from below the knee. He was then transferred to the Artificial Limb Center, Pune where he was provided with an artificial limb. Consequently, he was placed in the Low Medical Category - “CEE” (permanent) by the Medical Board and his disability was assessed as 60%.

Baljor complained that he should have been discharged as permanent low medical category personnel and should have been given normal service pension as admissible for 19 years and 4 months of service. Instead, he was retained in service in public interest and his retention in service in low medical category was duly recommended by the Commanding Officer.

He further alleged that though he was performing his duties satisfactorily (despite the recurrent pain he suffered in his right leg), the attitude of the officer-in charge was unfavorable towards him and he was given the night shift. He applied in vain for exemption from night duty on medical grounds. As a result, he was left with no option except for to request for premature retirement.

This request for discharge on medical grounds was duly recommended by the Commanding Officer and he was thus discharged from service. Thereafter he applied for grant of full service pension as well as disability pension, but both these claims were rejected on the ground that he had been discharged from the Army at his own request and was thus not entitled to disability pension and other benefits under the Army Group Insurance Scheme. Aggrieved, Baljor then filed this petition.

The Indian Army resisted this petition and argued that though Baljor’s case was fully recommended for disability pension, he was not entitled for it because he had sought voluntary discharge after being granted sheltered appointment. It was further stated that an officer who retired on voluntary basis was not eligible for any award on account of any disability.

Observations of the Court

The Court examined the various provisions of the Army Regulations and held that even though Baljor had been discharged at his own request, there was no denying the fact that he had sought discharge on medical grounds. The Court also pointed out that some of the regulations mentioned on behalf of the Indian Army were applicable to the officers and not the category to which Baljor belonged.

According to the Court, having once been placed in the Low Medical Category Permanent, Baljor was entitled to the benefit of disability pension in case he sought early retirement and was discharged later due to the same ailment because of which he had been placed in the category.

Accordingly, the Court quashed and set aside the order. The Writ Petition was allowed and it was held that Baljor was entitled to disability pension and cover under the AGIS for the date of his discharge. The Court also directed the Indian Army to calculate the arrears and pay them to Baljor within a period of three months.

Sections Referred:

• Article 226 of the Constitution of India