DISABILITY PENSION, MEDICAL BOARD REASONING & RIGHTS OF MENTALLY ILL ARMY PERSONNEL

Case Name: Rajumon T.M. v. Union of India & Ors.
Case Number: Civil Appeal No. 998 of 2025 (@ Diary No. 20836 of 2022)
Date of Judgment: 07 May 2025
Quorum: Justices Abhay S. Oka and Nongmeikapam Kotiswar Singh

 

FACTUAL BACKGROUND

Rajumon T.M. joined Indian Army on 17 November 1988. After serving 9 years, he was discharged on 18 May 1998 because of schizophrenia. A Medical Board said his disease started in 1993, while he was posted at peace station, and called it a “constitutional personality disorder”. The disability was rated 30% for two years.

His request for disability pension was denied by pension authority and his appeal also failed. He even tried through MP to get relief but Ministry of Defence also said no. So he went to Armed Forces Tribunal (AFT), Kochi. But Tribunal also rejected his case saying Medical Board already gave opinion.

 

ISSUES FOR DETERMINATION

  1. Whether Medical Board gave proper reason for denying disability pension?
  2. Can the army deny pension just based on opinion without reasoning?
  3. Was it correct to say that schizophrenia is “constitutional disorder” without checking medical history?

 

LEGAL PROVISIONS

  • Pension Regulations for the Army, 1961 – Regulation 173
  • Appendix II to Regulation 173
  • Regulation 423 of the Regulations for Medical Services of Armed Forces, 1983
  • Veer Pal Singh v. Ministry of Defence, (2013) 8 SCC 83

 

APPELLANT’S CONTENTIONS

  • He was fully fit at time of joining.
  • Disease appeared only after 5 years of service, so it should be considered as happened due to army service.
  • Medical Board gave no explanation why they called it “constitutional disorder”.
  • All the important parts in medical form were blank – no family history, no treatment details.
  • Army cannot deny pension just by writing 3 words – must give full reason.

 

RESPONDENTS’ CONTENTIONS

  • Disease came when he was at peace station, not field area.
  • Medical Board said it is constitutional disorder, not due to service.
  • So he is not entitled to pension.
  • All rules were followed.

 

ANALYSIS

Supreme Court said even if posting is at peace station, still disease can be connected with service. Regulation 423 says very clearly that even in peace area, if disease starts during service, and no record of disease before joining, it can be considered service-related.

Court read the Medical Board Form (AFMSF-16). Found many important parts were blank. Medical Board gave no reason for calling the disease “constitutional disorder”. They just wrote conclusion but no explanation.

Court said giving reasons is very important, not just formality. Medical Board report is final only if it gives proper reason. If report has no reason, then discharge and denial of pension becomes illegal.

Court also said schizophrenia is serious mental illness. Such person can’t defend his case properly. So court and army should give him benefit of doubt.

 

JUDGMENT

  • Supreme Court did not cancel the discharge.
  • But ordered army to give disability pension with all benefits, from now.
  • Appellant will get arrears only for last 3 years, not from 1998.
  • All earlier rejection orders (from CCDA, First Appellate Committee and AFT) are set aside.

 

CONCLUSION

This case is big reminder that:

  • Medical Board must write full reasons, not just one-line conclusion.
  • Mental illness cases like schizophrenia must be treated humanely and carefully.
  • Rules should be read in favour of the soldier who served the nation.
  • Army cannot deny pension by just saying “not connected to service” – it has to prove it.
  • Justice delayed is still justice – Rajumon fought for 27 years, and finally got relief.

Court also showed that constitutional protection and natural justice must be given even in army pension matters.

Primelegal Team

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