In a significant verdict, the Supreme Court of India has delivered justice to a retired Army Colonel, directing the grant of a disability pension for injuries sustained over four decades ago. The apex court dismissed an appeal filed by the Central government, thereby upholding the Punjab and Haryana High Court's order in favour of the veteran.
A Long Battle for Pension Rights
The case revolves around Colonel Harinder Pal Singh, a resident of Chandigarh, who was granted a permanent commission as an Army Service Corps officer on December 21, 1968. During his service, he sustained two severe injuries that had a lifelong debilitating impact on his health.
The first injury occurred in 1981 while he was posted in Joshimath, Uttarakhand. The second, more complicated injury took place on November 18, 1997, when the officer was on sanctioned "furlough" leave. These injuries led to multiple medical complications, including necrosis, ultimately necessitating a total hip replacement.
Legal Journey from Rejection to Victory
Despite the clear connection to his service life, the Army initially rejected Colonel Singh's claim for a disability pension. The authorities contended that his disabilities were "neither attributable to nor aggravated by military service". This rejection was later upheld by the Armed Forces Tribunal (AFT) in Chandigarh, which also cited a delay in approaching the tribunal.
However, in a turning point in 2014, a division bench of the Punjab and Haryana High Court, comprising Justice Hemant Gupta and Justice Ajay, set aside the AFT's decision. The bench ruled that both disabilities should be deemed as service-linked. Crucially, the court observed that pensionary matters constitute a recurring cause of action and are not adversely affected by delays in legal recourse. The High Court directed the central government to release the disability pension immediately.
Supreme Court's Final Word
Unwilling to accept the High Court's judgment, the Union government and the Army challenged it in the Supreme Court in 2015. After years of litigation, a bench of the apex court finally delivered its verdict on December 11, dismissing the government's appeal. The Supreme Court affirmed that the High Court had correctly granted the pension benefit based on the established "principle of national extension of employment".
This principle broadly interprets injuries sustained by military personnel, even during periods of authorized leave, as being in the line of duty, given the nature of their service. The court's decision underscores that the nation's responsibility towards its soldiers extends beyond active duty hours and postings.
The ruling brings a close to a protracted legal struggle for Colonel Harinder Pal Singh and sets a reinforcing precedent for other armed forces personnel fighting for their rightful pensionary benefits, especially in cases where injuries have a lasting impact on their quality of life post-retirement.
