AFT directs Army to release disability pension to ex-soldier

Jammu, May 28

The Armed Forces Tribunal (AFT), Jammu Bench, has ordered the Principal Controller of Defence Accounts (Pensions) to release the disability pension of a soldier, who was crippled for life after he met with an accident when he was going to a railway station to buy ticket so that he could re-join duty.

The Army authorities had rejected his claim on the pretext that the disability had no link with the military service.

Was injured while on leave

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• In 2006, Havildar Arup Laha met with an accident when a cow came in front of his motorcycle; sustained leg injury
• While on leave, he was on his way to a railway station in West Bengal to buy ticket to re-join duty in Jammu and Kashmir
• The Review Medical Board had assessed Havildar Laha’s disability at 20 per cent for life; disability claim rejected in 2006
• The Army authorities had rejected his claim on the pretext that the disability had no link with the military service

Havildar Arup Laha sustained injuries on April 24, 2006, in West Bengal when he was going to the railway station on his motorcycle to buy ticket to re-join duty in Jammu and Kashmir. He met with an accident when a stray cow came in front of his motorcycle, sustaining injuries on his left leg.

The Review Medical Board (RMB) had assessed Havildar Laha’s disability at 20 per cent for life. However, his disability claim was rejected on July 20, 2006.

The statutory court of inquiry conducted by the military authorities had declared his disability as “not attributable to military service” since he was disabled in the process of boking his railway ticket to re-join duty.

When the documents were sent for releasing his disability pension, the Regimental Records Office rejected his claim on the pretext that the disability was sustained while on leave and had no link with the military service. After his representations to the Army headquarters were also rejected on similar grounds, he had approached the AFT.

The applicant was discharged from Army on August 1, 2010, after having served for 15 years and 11 months.

Setting aside the rejection orders issued by the Army, the Jammu Bench of the AFT has held that the process of railway reservation for returning to a military unit falls within the definition of incidence of service under rules, and therefore is attributable to military service.

“The impugned order, rejecting the applicant’s claim for grant of disability element of disability pension, is set aside. The disability of the applicant is held as attributable to the Army service. The respondents (the Army authorities) are directed to grant disability element of disability pension to the applicant at 20 per cent for life which would stand rounded off to 50 per cent for life with effect from three years preceding the date of filing of a transferred application. The date of filing of the transferred application is June 30, 2014. Respondents are further directed to give effect to this order within a period of four months from the date of receipt of a certified copy of this order,” the AFT stated in its order.

Court’s order

The Jammu Bench of the AFT has held that the process of railway reservation for returning to a military unit falls within the definition of incidence of service under rules, and therefore is attributable to military service.