48 years after being invalided out on medical grounds, Air Force officer gets pensionary benefits

He had joined the IAF in January 1971 and was invalided out from service in April 1976 having been found medically unfit for further service as he was suffering from fits

He contended that his disability was attributable to and aggravated by the stress and strain of military service.

Tribune News Service

Vijay Mohan

Chandigarh, March 7

Almost half a century after an Air Force officer was invalided out of service on medical grounds, he has been granted pensionary benefits for the same following judicial intervention by the Armed Forces Tribunal (AFT).

He had joined the IAF in January 1971 and was invalided out from service in April 1976 having been found medically unfit for further service as he was suffering from fits after rendering four years and two months’ service.

His claim for grant of disability pension was rejected by Air Headquarters in April 2014, stating that the disability was neither attributable to nor aggravated by military service. He subsequently preferred a public grievance on the government portal and the same was also denied in January 2017, following which he moved the AFT.

He contended that his disability was attributable to and aggravated by the stress and strain of military service as no note of the disease was made in medical documents at the time of his enrolment.

The assessment in relation to the disability was not brought on record before the AFT due to the reason that the said documents were destroyed after the prescribed retention period.

The Tribunal’s Bench comprising Justice Anu Malhotra and Lt Gen PM Hariz observed that Pension Regulations for the Air Force provide that unless otherwise specifically provided, a disability pension may be granted to an individual who is invalided from service on account of a disability attributable to or aggravated by air force service and is assessed at 20 per cent or over.

The Bench also referred to an earlier judgement of the AFT, where it was held that a person invalided out before the qualifying period of 10 years for grant of pension may be granted invalid pension subject to certain conditions, and that there cannot be any cut-off date for granting such benefits to persons placed in similar circumstances.

“We are of the considered view that the applicant has to be deemed to be invalided out of service on account of the said disability as the applicant rendered four years and two months’ service, and was invalided out before completing his term of initial engagement. Therefore, the applicant is held entitled to invalid pension despite the fact that he had not completed the qualifying length of service of 10 years,” the Bench ruled while condoning the delay of 15,063 days in approaching the AFT.

The Bench has directed the government to calculate, sanction and issue the necessary pension payment order to the officer within three months, though the arrears of the same, as per law, would be restricted to three years from the date of filing the petition.

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