57 years after soldier’s discharge on medical grounds, widow gets pensionary benefits

About 57 years after her late husband was invalidated out of the Army on medical grounds, the Armed Forces Tribunal has held that the soldier was entitled to disability pension and his widow should get the due benefits.

The now deceased soldier, Lance Naik Umrawat Singh was enrolled in the Army in September 1961 and took part in the India - Pakistan War of 1965. However, he underwent severe mental stress and strain on account of being posted on the borders for long periods of time, court records said. He developed ‘schizophrenic reaction’ and was boarded out of service in December 1968 after seven years and three months of service.

His claim for grant of disability pension was rejected. Subsequently, he enrolled in the Defence Security Corps in September 1972, but was discharged in November 1972. He finally passed away in January 2011.

The authorities had contended that since the requirement for grant of pension was 15 years, he did not fulfil the criteria for service pension. Further, not only his disability was held to be neither attributable to nor aggravated by military service, but was also assessed to be below 20 per cent, which is not eligible for disability benefits.

The Tribunal’s Chandigarh Bench comprising Justice Sudhir Mittal and Lt Gen Ranbir Singh observed that Umrawat’s case fell under Section 197 of the Pension Regulations, which allow disability pension to an individual who is invalided out of service on account of a disability which is neither attributable to nor aggravated by service. Or to an individual who is invalided out of service on account of a disability which is attributable to or aggravated service, but the disability is assessed at less than 20 per cent, or to an individual placed in low medical category who is retired or discharged from service for lack of alternative employment compatible with his low medical category.

Thus, it is evident that the deceased soldier was entitled to the grant of invalid pension with effect from December 1968, and accordingly, his widow is entitled to the grant of ordinary family pension with effect from February.2011, the Bench ruled.