Invalid Pension To Medically Discharged Defence Staff Payable Regardless Of Rendering 10 Years Of Minimum Service: Calcutta High Court

The Calcutta High Court has held that in case of permanent disability, invalid pension is paid to the defence staff regardless of minimum service of ten years.

The Court was considering a Writ Petition against an order of the Armed Forces Tribunal directing for grant of invalid pension to the Respondent-Employee.

The Division Bench of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held, "A plain reading of order of the Tribunal shows that it is founded upon the judgment of Supreme Court in the case of P.A. Thomas (supra). In addition, the Tribunal considered the judgment in the case of Mithilesh Kumar and the order of Tribunal passed in OA No.1169 of 2021 (Ajay vs. Union of India & Ors.). The Tribunal candidly recorded that the ratio decidendi of both cases covered the case in hand and, accordingly, whether or nor the employee has rendered 10 years service, he is entitled to get invalid pension when he was discharged from service on medical ground after rendering 8 years 8 months 8 days service."

The Petitioner was represented by Advocate Moti Sagar Tiwari.

Facts of the Case

The Respondent was a Sepoy in the Indian Army who had served from the period of 1985 to 2009 and was duly discharged from his services on completion of his tenure. Later, he was re-enrolled in the Defence Service Corps (DSC) for ten year tenure. During this duration, he was diagnosed with primary hypertension in 2017 and with Tourette's disorder and moderate depressive disorder in 2018, both categorized as permanent medical conditions. He was discharged from the services the following year in 2019 after rendering 8 years, 8 months and 8 days of DSC services. Subsequently, he applied for Invalid Pension which was denied by the authorities. However, later, the Tribunal allowed his Application for the same.

Reasoning By

The Court at the outset pointed out that the case is founded upon the judgment of the Supreme Court in the case of Union of India & Ors. v. P.A. Thomas, wherein it was observed that the length of service should have no applicability for the grant of Invalid Pension when a person was discharged on medical grounds.

It further reiterated “that a government servant who retired from service on account of any bodily or mental infirmity which permanently incapacitate him for the service before completing qualifying service of ten years may be granted invalid pension."

"In our opinion, the Tribunal has considered the prayer of the applicant therein on permissible parameters and rightly applied the judgments of the Supreme Court passed in similar matters", the Court ruled.

The Petition was accordingly dismissed.

Cause Title: The Union of India & Ors. V. Gandeti Vasudeva Rao

Appearances:

Petitioner- Advocate Moti Sagar Tiwari, Advocate Guddu Singh

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