New Delhi:
Given that a liberal approach should be adopted by creating beneficial provisions, the Supreme Court has given a disability pension to an army person who was relieved from service as he was suffering from “schizophrenia”. The apex court said that the authority’s decision to discharge a serviceman is based on a medical report that is devoid of causes.
A bench of Justices Abhay S. Oka and N. Kotiswar Singh said that the need to give the cause by the Medical Board is important, important, decisive and necessary for giving disability pension or refusal.
The apex court said that this is not only a formalities, but an essential material, on the basis of which the Pension Approval Authority will have to decide about the grant or refusal of disability pension.
“Accordingly, in our opinion, if the serviceman is discharged from service or a disability pension is denied on the basis of a medical opinion, which is devoid of reasons, it will strike at the root of the action taken by the authority, and such action cannot be maintained in the law.
“We, therefore, assume that if any action is taken by the authority to discharge a serviceman and the serviceman is denied disability pension based on a report from the Medical Board, in which no reason is stated for opinion, then such action of the authority would be dishonest in the law,” The bench had on 7 May in its decision.
The apex court was hearing an argument filed by an army person, which challenged an order passed by the Tribunal of the Armed Forces, the regional bench, Kochi, by which the claim was rejected by the appellant’s claim for grant of disability pension of the appellant.
The petitioner was nominated to the Indian Army on 17 November 1988 as a constable, and after serving over nine years, he was discharged from service on the diagnosis of schizophrenia.
His discharge on medical invalidation was based on the opinion of the invalid Medical Board held on 30 March 1998 at Command Hospital, Western Command, Chandimandir, which found that the invalid disease was started in August 1993, during which period during which the appellant worked in a peace station and neither was associated with military service nor is it that it is.
In its verdict, the apex court said that suffering from schizophrenia, service from service to service from service to service from service requires a much more liberal approach to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service from service to service requires a much more liberal approach to service from service to service as they can withstand many obstacles and difficulties in proving relationship due to the above disease with military service.
“We must appreciate the fact that the provisions for grant of disability pension are in the nature of a beneficial scheme, which is aimed at providing the servicemen in a difficult time, which has been discharged from service after serving the nation with dedication. Accordingly, a liberal approach should be adopted, building such a beneficial provisions, the bench said.
The apex court said that in cases where the serviceman himself has not applied for discharge, but has been discharged by the authority, the right to prove disability and Aadhaar to deny disability pension will be heavy on the authority.
“Since it is a legal requirement that the opinion of the Medical Board is the basis of discharge, in our view, if the opinion of the Medical Board is devoid of reasons, the authority’s work can definitely be questioned on the basis of the reasons for the opinion.
“According to us, if the authority’s decision to discharge a serviceman is based on a medical report, which is devoid of reasons, which needs to be given compulsorily by the rules as well as the rules, then such a task of the authority, especially when it denies any post discharge profit, will be invalid in the eyes of the law,” the bench said.
The court said that in the entire original records produced, it is no material to conclude that the appellant was suffering from schizophrenia, which is in the nature of a constitutional personal disorder.
“Accordingly, we believe that the order to discharge and deny the disability pension of the appellant cannot be said to be valid without providing full reason for supporting him on a medical opinion.
“The question that now arises for consideration is whether we should reconsider the medical board at this level at this level. To reconsider the light of our comments made above. We feel that adopting the applied course of action at this level will not be in the interest of justice after almost 27 years of the appellant, after almost 27 years of service, will not be in the interest of justice.”
The apex court refused to harass the order of discharging the army man on the ground of medical immunity due to schizophrenia, but directed the officials to give disability pension with immediate effect with all the benefits as per the rules.
However, the appellant will not be entitled to any arrears of invalid pension, except for the last three years.
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