Supreme Court on Ex-Servicemen Disability Pension: 2008 Rules Substantially Retain 1982 Scheme; Onus Shifts After 15 Years

A Supreme Court Division Bench comprising Justices Pamidighantam Sri Narasimha and Alok Aradhe examined the legal effect of the Entitlement Rules, 2008 versus the 1982 Rules in a batch of appeals concerning ex-servicemen's disability pension entitlements. The Court held that the 2008 Rules substantially reproduce the 1982 scheme regarding causal connection, onus, and attributability, with a limited exception under Rule 7 shifting burden to claimants who file after 15 years.

The Court noted the Union failed to demonstrate how the 2008 Rules were validly promulgated to repeal the 1982 Rules, emphasising that pensionary rules must be authoritatively formulated and notified. The bench dismissed the appeals on grounds of delay and merits, clarifying that Medical Board opinions warrant due weight and ought not be substituted unless scrutiny reveals deficiency.

The appeals involved ex-servicemen's entitlements upon retirement when the Release Medical Board had opined that disabilities were neither attributable to nor aggravated by military service.