Disability pension entitlement follows medical invalidation from service when service-related disability is assessed, despite compassionate discharge.

A serviceman released in a lower permanent medical category than at recruitment is treated as invalidated from service where the disability is attributable to or aggravated by military service and meets the prescribed assessment threshold. The fact that discharge was sought on compassionate grounds does not defeat entitlement once the regulatory conditions for disability pension are satisfied. On the facts noted, the release medical board assessed 30% disability, and disability pension was therefore payable, with arrears and further medical assessment directed for future benefits.

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Issues: Whether a soldier who applied for discharge on compassionate grounds but was placed in a lower permanent medical category and disabled due to military service was entitled to disability pension.

Analysis: Rule 173 required that disability must be attributable to or aggravated by military service and assessed at the prescribed percentage. Appendix II made invalidation from service a necessary condition, and an individual released in a lower medical category than that at recruitment is treated as invalidated from service. The petitioner had no disability at recruitment, later developed disability due to military service, was placed in temporary low medical category and thereafter in permanent low medical category by the Release Medical Board, which assessed 30% disability. The fact that the discharge was sought on compassionate grounds did not displace the statutory entitlement once the regulatory conditions were satisfied.

Conclusion: The petitioner was entitled to disability pension on the basis of 30% disability assessed by the Release Medical Board, notwithstanding the compassionate discharge.

Final Conclusion: The writ petition succeeded and the respondents were directed to grant disability pension with arrears and further medical assessment for future benefits.

Ratio Decidendi: Where a serviceman is released in a lower medical category than at recruitment and the disability is attributable to or aggravated by military service, he is treated as invalidated from service and cannot be denied disability pension merely because the discharge was sought on compassionate grounds.

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