In Brief
An ex-soldier discharged from the Indian Army on administrative grounds as an "undesirable soldier" sought disability pension 20 years later based on a medical condition diagnosed at discharge. The Supreme Court held that administrative discharge differs fundamentally from medical discharge. Since the soldier's discharge was not based on medical grounds, the Medical Board's opinion on causation is irrelevant. Disability pension requires proof that the condition was caused or aggravated by military service—a requirement that cannot be met post-facto after two decades. The Court set aside the Tribunal's award, holding that the claim should never have been entertained.
The lawyer headnote and full judgment text are available to registered users.