36 years on, AFT rules soldier entitled to disability pension

Tribune News Service

Vijay Mohan

Chandigarh, January 16

Nearly 36 years after a soldier was invalided out of the Army on medical grounds, he was 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 invalidated out in March 1987 on account of suffering from schizophrenia after having served for over four years.

Had schizophrenia

The soldier was enrolled into the Regiment of Artillery in April ’82 and invalided out in March ’87

He was found to be 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 per cent for two years, but held it as neither attributable to nor aggravated by military service. Consequently, his claim for disability pension was rejected.

In his petition, he contended that at the time of enrolment, 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.

Observing that it is proved that at the time the petitioner entered the 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 it was not satisfied with the findings of the medical board that the disability was not attributable to military service.

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

Setting aside the earlier orders rejecting the soldier’s disability claim, the Bench ruled that he was entitled to disability pension at the rate of 50 per cent against 40 per cent 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.

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