Mental disorders arising few years after joining Army cannot be attributed to military service, rules AFT

Vijay Mohan

Chandigarh, October 29

Observing that it is not always possible to detect mental disorders at the time of recruitment, the Armed Forces Tribunal (AFT) has held that such conditions arising within six years of joining the Army cannot be held attributable to military service.

The widow of an army jawan had approached the AFT seeking disability pension in respect of her late husband who had joined the Army in March 1982 and was discharged on medical grounds in May 1993 after over nine years of service.

In February 1982 he was first found to be suffering Schizophrenia. A release medical board assessed his disability at 30 per cent for two years and held it neither attributable to nor aggravated (NANA) by military service.

“We are of the opinion that since the disease has started in less than six years of his enrolment, hence by no stretch of imagination, it can be concluded that it has been caused by stress and strains of military service,” the Tribunal’s bench comprising Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, ruled a few days ago.

“Additionally, it is well known that mental disorders can escape detection at the time of enrolment, hence benefit of doubt cannot be given to the petitioner’s husband merely on the ground that the disease could not be detected at the time of enrolment,” the bench observed.

The jawan’s claim for grant of disability pension had been rejected in January 1992 and he died in July 1995. Claims made by his widow for disability pension were also rejected in 1995 and 1996.

The bench said that since there was no causal connection between the disease and military service, it was in agreement with the opinion of the medical board that the disease was NANA.

The bench also referred to earlier judgements of the Supreme Court on the subject where the Apex Court had ruled that that mental disorders cannot be detected at the time of recruitment and their subsequent manifestation (in that case after about three years of service) does not entitle a person for disability pension unless there are very valid reasons and strong medical evidence to dispute the opinion of the medical board.