At peace stations, too, eye disorders attributable to military service: AFT
Vijay Mohan
Tribune News Service
Chandigarh, April 15
Eye-related disorders, even if originating in peace stations, will be attributed to military service if the individual concerned was found fit at time of enrolment, the Armed Forces Tribunal (AFT) has ruled.
While directing the Centre to grant disability pension to an IAF Group Captain, the AFT also relied upon a judgment delivered by a United States court in case of a similarly placed American veteran to establish a connection between the disease and military service.
The officer, who had taken active part in the Sri Lanka operations, Kargil conflicts and Operation Parakram was later diagnosed with ‘retinitis pigmentosa’ and ‘cataract’, following which he was taken off flying duties. He retired in 2017 after 32 years of service.
While his disability as 100 per cent on account of retinitis pigmentosa and 20 per cent on account of cataract by the release medical board, it was held as neither attributed to nor aggravated (NANA) due to military service on the grounds that there was nothing on record to show that the disorders were service related and they were first detected when he was posted in Hisar, which is peace area.
“We are of the opinion that the medical board declaring the disease as NANA because it originated in peace station is not logical and hence, is not acceptable. In the absence of any evidence on record to show that the applicant was suffering from any ailment at the time of his enrolment in service, it will be presumed that deterioration of his health has taken place due to military service,” a Bench comprising Justice Sunita Gupta and Lt Gen Sanjiv Chachra ruled.
