The onus lies with the Army to demonstrate that the soldier’s disability did not result from military service, the Supreme Court ruled.
New Delhi, April 25, 2025 – In a landmark ruling, the Supreme Court of India has ordered the Indian Army to grant disability pension and arrears to Bijender Singh, a soldier discharged 36 years ago,EMPHASIZING that a soldier invalided out of service is presumed to be disabled due to military service unless proven otherwise. The judgment, delivered by a bench comprising Justices Surya Kant and Ujjal Bhuyan, underscores the need to protect the morale of armed forces personnel and ensure liberal interpretation of pensionary benefits for disabled soldiers.
The case, titled Bijender Singh v. Union of India & Ors., Civil Appeal No. 5706 of 2025, arose from an appeal against a decision of the Chandigarh Bench of the Armed Forces Tribunal (AFT), which had denied Singh’s claim for disability pension. The Supreme Court’s ruling sets a significant precedent for soldiers invalidated due to disabilities incurred during service, reinforcing the presumption of service-related disability under the Pension Regulations for the Army, 1961.
Background of the Case
Bijender Singh, enrolled in the Army Air Defence Regiment, began suffering from seizures during his service, which he attributed to his posting at the Siachen Glacier, one of the harshest operational environments in the world. Discharged in 1989 after serving for over a decade, Singh was denied disability pension on the grounds that his medical condition was neither attributable to nor aggravated by military service and that his disability was assessed at less than 20%, the threshold for eligibility.
Singh challenged the Army’s decision before the AFT, citing the precedent set by the Supreme Court in Dharamvir Singh v. Union of India & Ors. (2013) 7 SCC 316, which established that a soldier is presumed to be in sound health upon entry and any subsequent deterioration is deemed service-related unless the employer proves otherwise. However, the AFT dismissed his plea, prompting him to appeal to the Supreme Court.
Supreme Court’s Ruling
The Supreme Court categorically held that a soldier cannot be required to prove that their disability was caused or aggravated by military service. “A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same,” the bench stated, placing the burden of proof on the employer to rebut the presumption of service-related disability.
The court reiterated the principles laid down in Dharamvir Singh, emphasizing that:
A soldier is presumed to be in sound physical and mental condition upon entry, with no note of disability unless recorded at the time of enrolment.
If a soldier is invalided out due to a disability, it is presumed to be attributable to or aggravated by military service unless the Medical Board provides reasoned findings that the condition pre-existed or was unrelated to service.
The bench criticized the AFT’s dismissal of Singh’s claim, noting inconsistencies in its application of law. It pointed out that another AFT bench, with a common member, had granted relief in a similar case (Mahal Singh), highlighting the need for uniformity in tribunal decisions. The court further held that the Medical Board’s opinion, which deemed Singh’s seizures unrelated to service, lacked sufficient reasoning to rebut the presumption of attributability.
Relief Granted
The Supreme Court directed the Indian Army to:
Grant Bijender Singh disability pension with full arrears from January 1, 1996, in line with the precedent set in Union of India v. Ram Avtar (2014 SCC Online 1761), which extended benefits to pre-1996 retirees.
Pay 6% interest on the arrears to compensate for the delay in disbursing the pension.
The court also invoked the principle of “rounding off” disability percentages, as established in Sukhvinder Singh v. Union of India & Ors., where disabilities above 20% are presumed for soldiers invalided out of service, entitling them to pensionary benefits.
Broader Implications
The ruling reaffirms the judiciary’s commitment to safeguarding the rights of armed forces personnel, particularly those disabled during service. The court emphasized that “the morale of the Armed Forces requires absolute and undiluted protection,” urging authorities to avoid dragging disabled soldiers into protracted litigation. This sentiment echoes a previous Supreme Court directive in January 2025, which criticized the Union Government for filing frivolous appeals against AFT orders granting disability pensions.
The decision is expected to benefit numerous veterans who have been denied disability pensions on technical grounds, particularly those discharged decades ago. It also underscores the importance of reasoned Medical Board opinions and the liberal interpretation of pension regulations to favor soldiers.
Case Details
Case Title: Bijender Singh v. Union of India & Ors.
Case Number: Civil Appeal No. 5706 of 2025
Coram: Justices Surya Kant and Ujjal Bhuyan
Citation: Awaited
Key Precedents Cited:
Dharamvir Singh v. Union of India & Ors. (2013) 7 SCC 316
Union of India v. Ram Avtar (2014 SCC Online 1761)
Sukhvinder Singh v. Union of India & Ors. (2014)
Stay tuned to Literal Law for updates on this case and other legal developments impacting India’s armed forces.
Source: Adapted from Supreme Court proceedings and related legal updates.
