Punjab and Haryana High Court upholds Agniveer's discharge, rejects compensation claim

Saurabh Malik

Chandigarh, August 8

The Punjab and Haryana High Court has upheld decision to invalidate an Agniveer out of service within three months of the training due to a pre-existing medical condition. The Bench of Justice Sudhir Singh and Justice Karamjit Singh also dismissed the Agniveer's claim for compensation under the Agnipath scheme.

Gourav had moved the high court seeking the quashing the order dated April 25 passed by the Armed Forces Tribunal, whereby his plea against the decision was dismissed. The Bench during the course of hearing was told that the petitioner was invalided from service on May 16, 2023, after he was found unfit for service due to a scar on his left leg. The surgical specialist was of the opinion that the scar being “hypertrophic” in nature might break down during hard training and in hot and humid climate.

The Bench asserted the chronological order of the facts would show that the petitioner was put through a proper procedure to assess the disability suffered by him. It was the petitioner’s admitted case that he was having a scar on his left leg prior to his recruitment as Agniveer.

It was noticed in the clinical assessment that the petitioner had revealed sustaining injury to the left leg five years back, when he hit a wall’s corner accidentally and resulting wound was managed conservatively.

The primary medical examination report at the time of the recruitment was not final. He was initially admitted to a medical hospital for provisional diagnosis after he reported for the military duties. He was thereafter referred to a command hospital, where opinion was given by the specialist.

“We are of the considered view that as the scar on the left leg of the petitioner was existing prior to his enrolment as Agniveer, it was rightly found by the Invalidment Medical Board that the disability suffered by him was neither attributable to nor aggravated by the military service and accordingly, his discharge cannot be found fault with in view of the clinical assessment report given by the Classified Specialist (Surgery) and Reconstructive Surgeon,” the Bench asserted.

Before parting with the order, the Bench added the disability suffered by the petitioner was neither attributable to, nor aggravated, by the military service as the scar existed prior to the enrolment of the petitioner as Agniveer. It could, as such, not be held that the petitioner was entitled to monetary compensation under the Agnipath scheme.