In Brief
An ex-soldier was discharged from the Indian Army in 1997 on administrative grounds as an undesirable soldier due to repeated disciplinary breaches, despite having a detected seizure disorder. Twenty years later, he claimed disability pension based on this medical condition. The Supreme Court allowed the Union of India's appeal and set aside the Tribunal's order granting disability pension. The Court held that since discharge was on administrative, not medical grounds, no disability pension could be claimed. Rule 14 of the Entitlement Rules applies only to medically-discharged soldiers. Without proof that the condition was caused or aggravated by military service, disability pension was not admissible. The prolonged delay in raising the claim also militated against reopening the administrative discharge.
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