Adopt liberal approach for army disability pension

New Delhi

The Supreme Court granted disability pension to an army man discharged due to schizophrenia, emphasizing that a liberal approach should be taken when interpreting provisions that benefit servicemen. The Court criticized the Medical Board's decision to discharge the serviceman, noting it lacked reasoning, which is crucial for deciding whether to grant or deny a disability pension.

A bench of Justices Abhay S. Oka and N. Kotiswar Singh ruled that medical opinions without clear reasons undermine the discharge decision and are legally unsustainable. The Court pointed out that in cases of discharge, particularly due to schizophrenia, a more liberal stance is necessary, as servicemen often face challenges linking their condition to military service.

The case involved a soldier who was discharged in 1998 after being diagnosed with schizophrenia. Despite a medical board’s opinion stating the illness wasn’t linked to military service, the Court found that the opinion lacked reasons, making the discharge invalid. It highlighted that disability pension is a supportive benefit, meant to assist servicemen after their service.

The Court did not overturn the discharge but ordered that the man be granted disability pension, effective immediately. The pension would include benefits but exclude arrears, except for the last three years. The ruling emphasizes the importance of clear, reasoned medical opinions in such cases to ensure fair treatment for servicemen.