Rajumon T.M. vs Union Of India 2025 INSC 644 - Service - Army - Disability Pension
Service Law - Army -If any action is taken by the authority for the discharge of a serviceman and the serviceman is denied disability pension on the basis of a report of the Medical Board wherein no reasons have been disclosed for the opinion so given, such an action of the authority will be unsustainable in law- There is a difference between the “conclusion” or “opinion”, and “reasons” to support such a conclusion or opinion. The reasons have to be separately mentioned for the conclusion arrived at by the Medical Board. The bare conclusion arrived by the Medical Board cannot treated as the reasons for discharge of the serviceman and denial of invalid pension within the meaning of the Regulations. (Para 25-26)
Regulation for Medical Services for Armed Forces - Regulation 423: 1. It is immaterial whether the cause giving rise to the disability or death occurred in an area declared to be a field service/active service area or under normal peace conditions- 2.It is, however, essential to establish that the disability or death bore a casual connection with the service conditions. 3. All evidence, both direct and circumstantial, will be taken into account and benefit of reasonable doubt, if any, will be given to the individual. 4. A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individual's acceptance for service in the armed forces. 5. However, if the medical opinion holds, for reasons to be stated that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service. 6. The question, whether a disability or death is attributable to or aggravated by service or not, will be decided as regards its medical aspects by a Medical Board or by the medical officer who signs the certificate. The Medical Board/medical officer will specify reasons for their/his opinion. 7. The opinion of the Medical Board/medical officer, insofar as it relates to the actual cause of the disability or death and the circumstances in which it originated will be regarded as final. 8. The question whether the cause and the attendant circumstances can be attributed to service will, however, be decided by the pension sanctioning authority. 9. To assist the medical officer who signs the death certificate or the Medical Board in the case of an invalid, the CO unit will furnish a report on: (i) AFMS F-81 : in all cases other than those due to injuries. (ii) IAFY 2006 : in all cases of injuries other than battle injuries. (Para 17)
