Punjab and Haryana HC Allows Disability Pension To Diabetic Former Army Official

Chandigarh: Punjab and Haryana High Court has ruled that unless re is evidence that a soldier became diabetic during his military service by consuming "prohibited food or was never engd in physical activities", authorities cant deny disability pension to him following his discharge from Army on medical grounds.

court dismissed a plea filed by central government seeking directions to set aside orders passed by Armed Forces Tribunal here, which h allowed claim for grant of disability pension by a former soldier.

According to case details, former soldier was enrolled in Army on January 20, 2003, and was discharged from service on October 31, 2019, "at his own request on compassionate ground before completion of terms of engment" in medical category "due to disabilities-- Severe Depressive Episode and -2 Diabetes Mellitus".

At time of discharge from military service, his disabilities were compositely assessed at 50 per cent for life, however, same were held to be neir attributable to r being aggravated by military service.

Accordingly, claim of respondent for grant of disability pension was rejected vide letter dated vember 4, 2019.

central government in its plea in high court contended that that t only was his disability genetically linked but it was a lifestyle disease developed while serving in peace area.

But high court observed that at time of enlistment, medical board should put a te about disease including if it was genetically linked and if re was a possibility of onset, but it was t done in this case.

"A reing of records reveals that at time of apposite enlistment taking place rar te became me in terms of principles (supra) declared by Hon'ble Apex Court in case titled as Dharamvir Singh Vs. Union of India (supra) by Medical Board, that some disease which, however, did t forbid present respondent, to become enlisted in Army, did make its preliminary onsettings," HC said.

high court also held that regulations do t state that onset of disease in a peace area cant be attributed to military service.

"... Even if onsettings of said disease upon present respondent occurred in a peace area, reby, said onsettings are to be declared to become aggravated by or being attributable to rendition of military service," it ruled.

court said generation of ' II Diabetes Mellitus' fixes cause of disease to ill dietary habits and lack of physical activities.

However, unless "evidence became duced that he consumed prohibited food or was never engd in physical activities, reupon, said eruption/causes cant be fixed onto present respondent (soldier)," high court has held.

Since said evidence is t stated to be duced r is discussed, reby fixing of said causes onto present respondent rar by medical board, thus appears to be me most surmisingly, it held.

"In dition, it is stated that onset of disease arose from genetic/familial predisposition. However, when as stated, evidence to rebut presumption has been led by petitioner (Centre), reby, this Court is constrained to give weight to opinion of medical board," HC furr held.

".. onsetting of disease cant 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," high court division bench comprising Justices Sureshwar Thakur and Sudeepti Sharma passed se orders on October 23.

respondent filed first appeal before an Appellate Committee. However, same was rejected through a letter dated March 5, 2020.

reafter, respondent challenged order dated March 5, 2020, before Second Appellate Committee, wherein, vide order dated March 15, 2021, it accepted first disability i.e. 'Severe Depressive Episode' as aggravated to military service at 40 per cent for life but rejected second disability--' Diabetes Mellitus II'-- as neir aggravated r being attributable to military service.

Feeling aggrieved, soldier filed a plea before Armed Forces Tribunal concerned, whereby he challenged passed rejection order. His plea was allowed vide order dated April 22, 2022, and AFT held that applicant is entitled to grant of disability pension which includes disability element and service element.

Aggrieved by AFT orders, petitioner - central government - moved high court here.

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