Permanent disability for life can’t be reduced to lesser period: AFT

The Armed Forces Tribunal (AFT) has granted disability pension to an Army officer for medical disorders incurred during his service, 33 years after his retirement. The Tribunal ruled that once a disability is declared permanent by a medical board, it cannot be reduced to a lesser period by administrative authorities.

The officer, who was enlisted in the Army in 1962, became a commissioned officer in 1985 and retired in 1991. A release medical board had assessed his heart disease as a 30 per cent disability, categorised as permanent for two years and attributed to military service. However, his claim for a disability pension was rejected by the authorities.

The Tribunal’s Bench, comprising Justice Anil Kumar and Major General Sanjay Singh, referred to a Supreme Court ruling that stated no higher formation could overrule the opinion of a medical board without a physical examination of the individual. The Bench noted that there have been several similar cases before various courts.

“It is clear that the disability assessed by the release medical board cannot be reduced or overruled by the competent authority. Hence, the decision by the competent authority not to grant the disability element of the pension is void,” the Bench stated. They further concluded that the officer’s disability should be considered as aggravated by military service, as indicated by the medical board.

The Bench also noted that the medical board had classified the officer’s disability as permanent for two years, implying that the disability was of a permanent nature. As he was invalided out of service in low medical category due to this disability before completing his terms, the Tribunal ruled that the disability was indeed permanent.

“As the disability is permanent, the decision will apply for life. The petitioner is entitled to a pension for life, which cannot be restricted to a two-year period,” the Bench affirmed.