The Punjab and Haryana High Court has ruled that soldiers suffering from service-related disabilities should be given the benefit of the doubt, especially when there is uncertainty regarding whether the disability was caused or aggravated by their military service.
The case involved Krishna Nandan Mishra, a former member of the Defence Security Corps (DSC) who had enlisted in 1997. After serving for over a decade, he was discharged in 2007, primarily due to a medical condition that placed him in a low medical category. At the time of his discharge, a Medical Board diagnosed him with a condition linked to cardiovascular issues, and assessed his disability at 30%. Despite this, the board determined that his disability was not related to his service.
Mishra’s attempts to secure a disability pension were initially rejected, and his appeals were dismissed by both the Armed Forces Tribunal (AFT) and subsequent review boards. Undeterred, Mishra turned to the High Court, arguing that his condition was either directly caused by or worsened during his military service.
The Court noted that the principles outlined in the “Guide to Medical (Military Pension), 2002,” and the “Entitlement Rules for Casualty Pensionary Awards, 1982,” were not followed during the initial assessments. The justices emphasized that when soldiers are enrolled, they are presumed to be in sound health unless there is documented evidence to the contrary. Any health deterioration after enlistment is presumed to be linked to their service unless proven otherwise with clear evidence.
In a significant judgment, the High Court directed the authorities to process Mishra’s disability pension, asserting that the burden of proof lies with the government to show that the condition was unrelated to military service. The court also ruled that Mishra was entitled to rounding-off benefits, reinforcing the soldiers’ entitlement to fair treatment.
The decision marks a clear stance in favor of the rights of disabled military personnel, particularly in cases where medical assessments fall short of thoroughly investigating the potential links between service and subsequent health issues. The ruling requires the authorities to revisit Mishra’s case and process his pension within three months.
