[Disability Pension] Soldier Is Presumed To Be In Sound Health When There's No Record Of Disease At Stage Of Enrolment: Punjab & Haryana HC

The Punjab & Haryana High Court set aside the order of Armed Forces Tribunal and directed to process the disability pension of the disabled armed forces officer, observing that a soldier is presumed to be of sound health in absence of specific medical finding.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "a presumption is assigned vis-à-vis the sound physical and mental health of any member of the defence establishment concerned, especially when at the stage of his becoming enrolled, there is no note or record about his becoming beset with any disease.""Though thereins there is also a further presumption, that when any deterioration theretos, thus occurs subsequently, therebys the said happening of deterioration(s) or onsettings of any disease, rather is to be presumed to be a sequel of his rendering service as a member of the defence establishment," added the Court.These observations were made while hearing the plea of disabled soldier challenging the Armed Forces Tribunal's order denying his claim to disability pension.The petitioner who was as enrolled in the Defence Security Corps, was diagnosed with Coronary Artery Disease which attributed 30% of the disability. However, the Tribunal held that the disability was neither attributable nor aggravated by military service, which led to rejection of his disability pension claim.The bench explained that the disability pension can be rejected, only after proving the following principles:a) At the time of acceptance of the concerned in military service, some notings becoming recorded by the Medical Board vis-a-vis his being beset with a disease which however, becomes concluded to be yet not rendering him unfit to become enlisted.b) Any further deterioration thereofs, may also subsequently become concluded by the Medical Board, to not arise from rendition of military service nor being attributable to military service, rather the same being a congenital disease.The Court made it clear that it is mandatory for the Medical Board to follow the guidelines laid down in "Guide to Medical (Military Pension), 2002 – "Entitlement : General Principles".The bench added that it is also required to be seen from the records, whether the Medical Board, initially made a detailed incisive antecedental check, particularly appertaining to the advent of the disease, "through employments of State of Art medical techniques, thus unveiling the block chain genetic connection, wherefroms, rather the disease became sourced."The Court found the Medical Board's finding that the disability is not attributable to service is unsatisfactory as it lacked detailed reasoning and scientific analysis to substantiate that the disability was "congenital or unrelated to service."It also held that the occurrence of the disability in a peace area did not exclude it from being attributable to or aggravated by military service.In the light of the above, the Court directed the respondents, "to process the disability pension case of the petitioner besides grant him the benefits of roundings off as pronounced in judgment rendered by the Hon'ble Apex Court in case titled as 'Union of India Vs. Ram Avtar', [2014 SCC Online 1761]."Mr. Navdeep Singh, Advocate and Ms. Roopan Atwal, Advocate, Ms. Srishti Sharma, Advocate for the petitioner.Mr. Narender Kumar Vashist, Sr. Panel Counsel for respondent-UOI.Title: Krishna Nandan Mishra v. Union of India and Others.Citation : 2024 LiveLaw (PH) 429Click here to read/download the order

[Disability Pension] Soldier Is Presumed To Be In Sound Health When There's No Record Of Disease At Stage Of Enrolment: Punjab & Haryana HC

Aiman J. Chishti

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