Disability pension granted despite compassionate discharge for ex-serviceman

The court held that seeking discharge on compassionate grounds does not preclude entitlement to disability pension if the disability is linked to military service. The petitioner, an ex-serviceman with a 30% disability aggravated by military service stress, was deemed invalidated from service. Relying on Regulation 173 and prior case law, the court ordered the respondent to grant disability pension based on the medical assessment. Arrears payment was directed within 8 weeks, with potential interest if delayed. The writ petition was allowed, affirming the petitioner's right to disability pension despite the compassionate discharge.

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Issues:
1. Entitlement to disability pension upon seeking discharge on compassionate grounds.

Analysis:
The petitioner filed a writ petition seeking disability pension from the day of discharge from service. The petitioner, an ex-serviceman, applied for discharge on compassionate grounds due to duodenal ulcers attributed to military service stress. The Medical Board found a 30% disability aggravated by military service stress. The respondent argued the petitioner was not entitled to disability pension as he sought discharge on his own, not due to disability. The court analyzed Regulation 173, stating disability pension is granted for service-related disabilities assessed at 20% or more. The court examined whether seeking discharge on compassionate grounds affects disability pension eligibility.

The court considered the case of Ex Subedar Baljor Singh Vs. Union of India, where discharge was not on compassionate grounds. The court referred to Regulation 173 and Appendix II rules for determining disability pension eligibility. The rules require invalidation from service as a condition for disability pension. The court noted the petitioner's disability arose during service and was certified by the Release Medical Board. The court emphasized that the petitioner, being in a low medical category upon discharge, was deemed invalidated from service as per the rules. The respondent's own recommendations for disability pension supported the petitioner's case.

The court held that seeking discharge on compassionate grounds does not bar disability pension if the disability is attributable to military service. The court directed the respondent to grant disability pension based on the 30% disability assessment by the Medical Board. The court ordered arrears payment within 8 weeks with 9% interest if delayed. The writ petition was allowed, and the rule was made absolute, affirming the petitioner's entitlement to disability pension despite seeking discharge on compassionate grounds.

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