'Disability Presumed Attributable To Service Unless Proved Otherwise': J&K&L High Court Upholds Disability Pension For Soldier

The Jammu & Kashmir High Court held that once a soldier is enrolled in a medically fit condition and subsequently develops disabilities during service, the disability is presumed attributable to or aggravated by service unless the Army proves otherwise.The court said that the Army cannot deny disability pension on the basis of a one-line or cryptic “neither attributable to nor aggravated by service” (NANA) opinion of a Medical Board.A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar emphasized that the burden lies on the Army authorities to establish, with clear and cogent medical reasons, the absence of a causal connection between the disability and military service.It dismissed a batch of petitions filed by the Union of India challenging an Armed Forces Tribunal (AFT) order granting disability pension to a soldier discharged in 2020 due to primary hypertension and hypertriglyceridemia, both of which arose during military service.The Bench observed “To disentitle him from claiming disability element of pension, the petitioners must plead and demonstrate that the disabilities… were neither attributable to nor aggravated by military service. The burden to prove absence of causal connection… lies on the petitioners.”Medical Board's One-Line Opinion InsufficientWhile examining the record, the Court found that the Medical Board had merely stated “No” against both attributability and aggravation without providing any medical reasoning, analysis, or reference to service conditions.The Court held that “The one-line opinion of the Medical Board with regard to attributability or aggravation… is not a substitute for clear, unambiguous and cogent medical reasons required to disentitle the personnel from disability pension.”Since the soldier was discharged in 2020, the case was governed by the 2008 Entitlement Rules and Guide to Medical Officers (GMO) 2008. Referring to Paragraph 43 of the GMO, which governs hypertension. the Court reiterated Primary hypertension is often aggravated by stressful service conditions, including field postings, HAA (High Altitude Areas), and operational areas.Medical authorities must specifically assess whether service compulsions aggravated the disability. Stress, separation from family, diet restrictions and operational pressures are relevant factors in determining aggravation.Hypertension and Hypertriglyceridemia Aggravated by ServiceBased on these principles, the Court held that both ailments, primary hypertension and hypertriglyceridemia, were aggravated by military service. “In view of the overwhelming medical opinion and guidelines in GMO 2008, it is a foregone conclusion that the disabilities… were aggravated by military service.”AFT Order Affirmed; Petitions DismissedFinding no infirmity in the AFT's decision, the High Court upheld the grant of disability pension and dismissed the petitions filed by the Union of India.Cause-Title: Union of India vs Nirman Singh Jamwal & Connected matters, 2025Citation: 2025 LiveLaw (JKL) 293Click Here To Read/Download Order

'Disability Presumed Attributable To Service Unless Proved Otherwise': J&K&L High Court Upholds Disability Pension For Soldier

Aleem Syeed

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