Armed Forces Tribunal Grants Disability Pension to Former Officer, Rejects Absurd Medical Report
The Chandigarh Regional Bench of the Armed Forces Tribunal (AFT) recently ruled in favor of a former short services commissioned officer, overturning a flawed medical board report and granting disability pension. The tribunal deemed the report legally and factually unsustainable, stating that it was absurd to conclude that the officer's disability, incurred during a peace posting, was not attributable to military service.
Judicial Member Justice Dharam Chand Chaudhary and Administrative Member Lt Gen Ranbir Singh criticized the medical report for disregarding the fact that the officer had no detectable disease or disability at the time of commissioning in 1988.
The bench highlighted the board's flawed reasoning, which relied heavily on the officer's peace posting to argue that the disability was unrelated to military service. The tribunal found this explanation both absurd and cryptic, emphasizing that it contradicted established rules, judicial interpretation, and the existing record.
The AFT further clarified that the origin area of a disability holds little relevance in military service-related cases, as soldiers experience various stressors and strains irrespective of their posting location. According to the tribunal, the rules do not assign significant weight to the peace or field area where the disability originates.
In its ruling on March 6, the AFT granted the former officer a disability pension of 50 percent of basic pay, effective from May 2008 and continuing for life. The Central government was directed to calculate and disburse the outstanding amount within three months, with an added 8 percent per annum interest if the payment is delayed.
The officer had pursued the release report after a prior round of litigation before the tribunal, as the initial report recommended limiting his pension to 20 percent of basic pay from the date of the medical test. His subsequent applications for a disability pension of 50 percent of basic pay from 2008 were rejected by two appellate committees, leading to the current application before the AFT.
Citing several Supreme Court precedents, the AFT emphasized that rejecting disability claims was incorrect when it was proven beyond reasonable doubt that the officer had no pre-existing medical condition upon joining the Army. Consequently, the tribunal ruled in favor of the officer and disposed of the application in his favor.
Advocate Navdeep Singh represented the former officer, while Senior Panel Counsel Sarika Gupta appeared on behalf of the respondents.
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