BSF constable entitled to disability pension, says HC

The authorities in 2014 rejected his claim of disability pension on the ground that the disability was not attributable to the condition of service. Before court, they defended their action saying the disease was aggravated by stress and strain, which was not attributable to government bonafide duty.

Justice Harsimran Singh Sethi, in the order dated March 4, said the authorities nowhere have contended that he was suffering from the illness at the time of recruitment, adding that once the person, “who was an eminent sportsman”, was recruited in the category of service, it cannot be said that he was suffering from the disease, caused by stress and strain, even at the time of recruitment in 1995. The court further said even the medical board has said the stress and strain of the service has aggravated the disease.

“Once, there is nothing on record to show that the petitioner was unfit at the time of recruitment or was suffering from the said disease, it can be safely held that the petitioner suffered the said disease while in service as the causes of the same were stress and strain and the said cause aggravated the disease,” reads the judgment. The court also said that once the authorities themselves have said that he was fit when appointed in 1995, no conclusion other than that he developed the disease while in service due to the stress and strain can be drawn, adding, the same has to be attributed to service which he was rendering in the BSF.