In a recent ruling, the Punjab and Haryana High Court ordered that the benefit of the doubt must be given in favour of disabled soldiers for granting disability pensions
The Punjab and Haryana High Court, in a recent judgment, directed the authorities to pay a disability pension to retired defense personnel Krishna Nandan Mishra. The court noted that a soldier is presumed to be in sound physical and mental health at the time of joining service unless stated otherwise. Therefore, any health issues arising or aggravating afterwards must be attributed to the service, even if they occurred during a peace posting.
The two judges bench, comprising Justice Sureshwar Thakur and Justice Sudeepi Sharma, emphasised that the benefit of the doubt must be given in favour of the disabled soldiers and the responsibility to prove that the disability was not caused or aggravated due to service lies with the employer.
Mishra joined the Defence Security Corps (DSC) in August 1997 and was discharged from his duties in 2007 after serving for more than 10 years, due to his being diagnosed with ‘CAD IWMI-SVD 1-24’, coronary artery disease and as an effect a 30 per cent disability.
However, the disability was not attributed to his military service. And his disability pension was denied later.
As his pension claim was rejected by the authorities, Mishra filed two appeals later in 2019 and 2010. But his claim for pension was rejected again. Then, he filed the case with the Armed Forces Tribunal (AFT) requesting for payment of pension and challenging the authorities’ decisions but again had to face denial as his application was dismissed in 2014, citing the reason that his disability was not related to his service.
It was then he approached the Punjab and Haryana High Court by filing a writ petition, requesting the payment of disability pension, attributing his service causing his disability or its role in aggravating the condition. After reviewing the medical board’s report, the AFT’s assessments, and the lack of inquiries into aspects such as the origin of the medical issue, its progression, and the chances of aggravation, the court deemed the assessments insufficient and superficial.
The court then reaffirmed that when a soldier is enrolled, it is presumed that he is in sound health, and thus, any deterioration in health later must be attributed to service unless proved otherwise with evidence. It also clarified that even if it is a peace posting, a disability could be attributable to the service. In its judgment, the court directed the authorities to commence the appellant's disability pension within three months.