Court upholds 50% disability pension for ex-Army man with primary hypertension, rejects Centre’s plea
The disability has to be attributed to military service and the unsubstantiated report of medical board can't take away right of Army man to claim the benefit of disability pension, the Punjab and Haryana High Court noted.
The Punjab and Haryana High Court was dealing with a plea of Centre challenging AFT's order of disability pension. (AI-generated Image) The Punjab and Haryana High Court has dismissed a plea filed by the Centre, upholding an Armed Forces Tribunal (AFT) order that granted disability pension to a former Army man, along with the benefit of rounding off the disability pension from 30 per cent to 50 per cent for life.
A bench of Justices Harsimran Singh Sethi and Deepak Manchanda was dealing with a plea of the Centre challenging the AFT order, which granted the disability pension on the grounds that he was found to be suffering from disability of ‘Primary Hypertension’ during service.
Justices Harsimran Singh Sethi and Deepak Manchanda heard the matter on May 25.
“Once at the time of enrolment, respondent was medically examined and was found to be fit in all aspects and it was only during his service period that respondent was found to be suffering from disability of ‘Primary Hypertension’ that being so, the said disability has to be attributed to the military service and the unsubstantiated report of medical board cannot take away the right of respondent to claim the benefit of disability pension and that too, by rounding off the disability from 30 per cenr to 50 per cent,” the court said on May 25.
‘Disability of 30% to be rounded off 50% for life’
- It should be noted that as per judgment in Dharamvir Singh vs Union of India and others, in a case where army personnel is found to be fit at the time of enrolment, and has later been found to be contracted with a disease, same is presumed to have been contracted with during the time such personnel was rendering service in military and as such same is to be attributed to military service or be regarded as having been aggravated by military service.
- And the said presumption in favour of army personnel emerges from Rule 5 and 9 of the “Entitlement Rules for Causality Pensionary Awards, 1982’, which gives the benefit of presumption of such in favour of army personnel.
- With regard to the grievance of petitioners qua the benefit of rounding off of disability granted to the respondent, the same issue has been settled by the Supreme Court of India in Union of India and others vs Ram Avtar.
- Where it has been held that an armed forces personnel is entitled to be granted the benefit of rounding off with regard to disability pension, irrespective of the fact that he was invalidated out of service, or retired on attaining the age of superannuation or on completion of the tenure of his engagement, if found to be suffering from some disability which is attributable or aggravated by the military service.
- Counsel for the petitioners has not been able to dispute the said proposition of law, having been settled by the Hon’ble Supreme Court of India in Ram Avtar’s case to the effect that the percentage of disability is to be rounded off and in the present case, the disability of 30 per cent is to be rounded off to 50 per cent for life.
Army man and legal battle for disability pension
The Cantre was challenging the AFT’s 2025 order, which had granted the benefit of disability pension along with the benefit of rounding off of the disability pension from 30 per cent to 50 per cent for life.
The respondent in the case joined the armed forces in 2004 and was medically examined and found not to be suffering from any such disease and was found to be medically fit, but during the continuance of his service, he was found to be suffering from disability of ‘Primary Hypertension’.
After rendering approximately 17 years of service, when he was discharged from service in 2021, he had already rendered approximately 17 years of service with the petitioners.
Representing the Centre, Senior Panel Counsel placed reliance upon the report of medical examination of the respondent to contend that though the disability of ‘Primary Hypertension’ exists in him, the said disability has been assessed by the Medical Board at 30 per cent for life, and the same was assessed to be ‘neither attributable to military service nor aggravated by the military service.’
Counsel for the petitioner further submits that even the benefit of rounding off of disability pension has been wrongly granted to the respondent.
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