Disability Pension Can Be Denied Only When Medical Board Records That Disease Existed At Time Of Joining Military Service: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the disability pension in military service can only be denied when the medical board at the time of joining the services records that the medical condition suffered by the officer rendered him unfit for military service.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said that the disability pension can be denied to a military officer only when, "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."

"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," it added.

These observations were made while hearing the plea filed by an Army Officer against Union of India and other respondents who challenged the denial of his disability pension.

It was argued by the Officer that his health had worsened during service, entitling him to pension benefits. However, the medical board had determined that the deterioration was due to a congenital condition, unrelated to his duties.

After hearing the submissions, the Court opined that the opinion of medical board has been recorded in a stereo typed form and no reasons have been recorded to the extent.

"Conspicuously, no credence can be assigned to the supra ill informed reason, besides therebys the onsetting of the disease cannot be said to be a sequel of antecedental genetic family history. Contrarily, it is required to be declared to arise from rendition of military service," added the Court.

In the light of the above, the Court allowed the plea and directed the Union to process the  disability pension case of the petitioner in terms of the verdict rendered by the Apex Court in case titled as Sukhvinder Singh vs. Union of India and Others,  (2014).

In Sukhvinder Singh case the Apex Court held that, "whereever a member of the armed forces is invalided out of service, it perforce has to be assumed that his disability was found to be above twenty per cent."

While directing that the order be complied within a period of three months, the Court disposed of the plea.

Mr.SandeepBansal,Advocate for the petitioner.

Mr. Rohit Verma, Senior Panel Counsel, for the respondent – UOI.

 Title: Kala Singh v. Union of India and Others

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