HC allows disability pension to diabetic ex-serviceman – ThePrint –

Chandigarh, Nov 2 (PTI) The Punjab and Haryana High Court has ruled that unless there is evidence that a soldier became diabetic during his military service by consuming “prohibited foods or was never engaged in physical activities “, the authorities cannot deny him the disability pension following his release from the Army for medical reasons.

The court rejected a plea filed by the central government seeking directions to set aside the orders passed by the Armed Forces Tribunal here which allowed the claim of disability pension by an ex-serviceman.

At the time of discharge from military service, his disabilities were assessed at 50% for life, however, the same were neither attributable nor aggravated by military service.

Consequently, the respondent’s request for the grant of the disability pension was rejected by the letter dated November 4, 2019.

The central government, in its plea to the High Court, argued that not only was his disability genetic, it was a lifestyle disease developed while working in the peace zone.

The high court however observed that at the time of enlistment, the medical board should put a note about the disease including whether it is genetically related and whether there is a possibility of occurrence, but it was not done in this case.

“A perusal of the records reveals that at the time the said enlistment took place, no note was taken in respect of the principles (supra) enunciated by the Hon’ble Supreme Court in the case titled Dharamvir Singh Vs. Union of India (supra) by the Medical Board, that a disease which, however, did not bar the present respondent from joining the army, made preliminary onset,” the HC said.

The high court also held that the regulation does not provide that the occurrence of the disease in a peace zone cannot be attributed to military service.

“…Even though the occurrence of the said disease on the present respondent occurred in a peace zone, therefore, the said outbreaks must be declared to be aggravated by or attributable to the surrender of military service,” it ruled.

The court said the “type II diabetes” generation is pinning the cause of the disease on poor eating habits and lack of physical activities.

However, unless “evidence is adduced that he consumed prohibited food or was never engaged in physical activities, then the said rash/causes cannot be pinned on the present respondent (soldier),” the high court ruled instance.

Since the said evidence is neither presented nor discussed, therefore, the fixation of the said causes on the present defendant, rather by the medical board, seems thus most presumptively done, he held.

“Furthermore, it is stated that the onset of the disease arose from a genetic/familial predisposition. However, when, as stated, no evidence to rebut the presumption has been led by the petitioner (Centre), therefore, this court is constrained not to give any weight to the opinion of the medical board,” the SC further said .

“..the onset of the disease cannot be considered a continuation of the antecedent family genetic history. On the contrary, it is necessary to declare that it results from the performance of military service”, this order was adopted on October 23.

The respondent filed the first appeal before an Appeal Board. However, the same was rejected by a letter dated March 5, 2020.

Subsequently, the respondent challenged the order of March 5, 2020, before the Second Appeal Commission, in which, by order of March 15, 2021, he accepted the first disability, i.e. “Severe Depressive Episode”, as having been aggravated during military service at 40% for life, but dismissed the second disability – “Type II Diabetes Mellitus” – as neither aggravated nor attributable to military service.

Feeling aggrieved, the serviceman filed a complaint with the concerned Armed Forces Tribunal challenging the rejection order passed. His plea was admitted by order dated April 22, 2022, and the AFT held that the claimant is entitled to a disability pension that includes the disability element and the service element.

Dissatisfied with the AFT’s orders, the petitioner – the central government – ​​moved the high court here. PTI SUN VSD RT

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