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Service & Administrative LawSupreme Court of India

Union of India & Ors. v. Manjeet Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 4357-4358 of 2015 (citation not independently findable in the text of this PDF))Decided 12 May 2015
Civil Appeal Nos. 4357-4358 of 2015 (citation not independently findable in the text of this PDF)
Justice M.Y. Eqbal · Justice Amitava Roy

Background

Manjeet Singh joined the Army in 1999 in medical category "AYE." After collapsing during training and being hospitalised for a seizure disorder and later neurotic depression, Medical Boards progressively downgraded his medical category until he was finally boarded out of service on medical grounds. He claimed a disability pension, which the Armed Forces Tribunal/High Court (in an LPA) upheld, finding his disabilities attributable to or aggravated by military service. The Union of India appealed to the Supreme Court, disputing that the disabilities were service-connected.

Decision Breakdown

The Supreme Court reaffirmed the settled legal position (drawing on its own precedents in Dharamvir Singh v. Union of India and Union of India v. Rajbir Singh) that disability pension provisions for soldiers are beneficial in nature and must be interpreted liberally, and that once a soldier is boarded out with a disability, there is a presumption that the disability is attributable to or aggravated by military service. The burden lies heavily on the employer (the Union of India) to affirmatively prove, through a reasoned Medical Board opinion, that the disease had nothing to do with service: a burden the Union of India failed to discharge here. Finding no infirmity in the concurrent findings of the lower forums, the Court dismissed the Union of India's appeals and sustained the grant of disability pension, with no order as to costs.

Lesson Learnt

A soldier discharged from service on medical grounds does not have to prove his disability was caused by military service: the law presumes it was, and it is the government's burden to disprove that with proper, reasoned medical evidence; soldiers denied disability pension without such reasoning have a strong legal basis to challenge the denial.

Union of India & Ors. v. Manjeet Singh – Legal Case Shots | LegalAware