36 years after his discharge, AFT rules that soldier is entitled to disability pension

Vijay Mohan

Chandigarh, January 16

About 36 years after a soldier was invalided out of the Army on medical grounds, he has been granted disability pension following judicial intervention by the Armed Forces Tribunal (AFT).

The soldier was enrolled into the Regiment of Artillery in April 1982 and invalided out in March 1987 on account of suffering from schizophrenia after having served for four years and 332 days.

The Tribunal has held that considering the circumstances of the case and in light of the law laid down by the Supreme Court, the rejection of disability pension is neither legally or factually sustainable and he is entitled to disability benefits, including the service element of pension.

He had remained hospitalised multiple times. The invalidating medical board assessed his disability at 40 percent for two years, being constitutional in nature, but held it as neither attributable to nor aggravated by military service. Consequently, his claim for disability pension was rejected by the authorities.

In his petition, he contended that at the time of enrollment, he was subjected to physical and medical examination and found fit in all respects and hence his medical condition was on account of his military service. He added that his case was also covered by earlier judgements of the Supreme Court.

Observing that it is proved beyond all reasonable doubt that at the time the petitioner entered service, this type of disease or disability did not exist, the Tribunal’s Bench comprising Justice Dharam Chand Chaudhary and Lt Gen Ranbir Singh said that it was not satisfied with the findings of the medical board that the disability is not attributable to military service.

“Otherwise also, the release medical board has not assigned any reason as to how the petitioner sufferedfrom such type of disability when the medical board which had conducted his examination at the time of recruitment and thereafter before commencement of training dis not find him suffering there from,” the Bench held.

Setting aside the earlier orders rejecting the soldier’s disability claim, the Bench ruled that he is entitled to disability pension at the rate of 50 percent against 40 percent for two years and directed the army to hold a resurvey medical board and proceed further in the matter for grant of pension to him.