Adopt liberal approach while considering disability pension to army men: SC

Observing that a liberal approach must be adopted while construing beneficial provisions, the Supreme Court has granted disability pension to an army man who was relieved from the service as he was suffering from "Schizophrenia." The top court noted that the decision of the authority to discharge a serviceman is based on a medical report which is devoid of reasons.

A bench of Justices Abhay S Oka and N Kotiswar Singh said the requirement to give reasons by the Medical Board is crucial, critical, decisive and necessary for granting or denying disability pension.

The apex court said it is n"Accordingly, in our opinion, if the serviceman is discharged from service or denied the disability pension on the basis of a medical opinion which is devoid of reasons, it would strike at the root of the action taken by the authority, and such action cannot be sustained in law.

"We, therefore, hold that if any action is taken by the authority for the discharge of a serviceman and the serviceman is denied disability pension on the basis of a report of the Medical Board wherein no reasons have been disclosed for the opinion so given, such an action of the authority will be unsustainable in law," the bench said in its judgement dated May 7 which was uploaded today.

ot a mere formality, but a necessary material based on which the pension sanctioning authority has to decide about the grant or refusal of disability pension.