On April 24, 2025, the Supreme Court of India delivered a significant judgment regarding disability pensions for armed forces personnel. In the case of Bijender Singh v. Union of India, the Court ruled that a soldier invalided out of service due to a disability is presumed to have a disability of at least 20%, making them entitled to a disability pension at a rate of 50%. This presumption applies unless the employer (in this case, the Indian Army) can provide cogent reasons to prove that the disability is not attributable to or aggravated by military service.

Bijender Singh, who served in the Army Air Defence Regiment and was discharged in 1989 due to seizures, had been denied a disability pension on the grounds that his condition was neither attributable to nor aggravated by military service and that the disability was less than 20%. The Armed Forces Tribunal (AFT) had upheld this decision. However, the Supreme Court set aside the AFT’s orders, emphasizing that the burden of proof lies with the employer to demonstrate that the disability is not service-related. The Court also noted that, in the absence of medical records indicating the disease at the time of entry into service, there is a presumption that the disease was contracted due to military service.

Consequently, the Supreme Court directed the Army to grant Bijender Singh a disability pension at the rate of 50% from January 1, 1996, along with arrears carrying interest at 6% per annum. The Court mandated that these directions be implemented within three months from the date of the judgment.

This ruling underscores the Court’s commitment to protecting the rights of armed forces personnel and ensuring that they receive due benefits for disabilities incurred during service.

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