Vijay Mohan
Chandigarh, 16th July
Nearly 35 years after being released from the military, the Armed Forces Court reaffirmed that medical disabilities incurred while serving in peace camps were attributable to military service, and short-service committee personnel were given a disability pension. was given.
This officer, with the rank of Colonel, was commissioned in August 1982 and released after completing his term of service in April 1988 in the low medical category due to unstable hypertension.
Despite his low medical category prior to his release, his release medical board was not administered to assess the extent of his disability. The relevant authorities continued to communicate with each other about the operation of the commission, but in the end the commission was carried out only on the direction of the court.
The commission assessed his disability as 20% for life, but not due to or aggravated by military service because the officer was exposed to the disease while assigned to a peace station. I decided. Two appeals filed against the denial of disability benefits were also dismissed.
The Chandigarh Court, a tribunal composed of Justice Dharam Chand Chowdhury and Lieutenant General Ranbir Singh, said hypertension disorders were clearly stated in the eligibility rules as being affected by the stress and strain of military service. rice field.
The court found that the Medical Commission did not record any convincing and plausible reasons for determining that the disease was unrelated to military service, and that the only explanation that the disability occurred in a peace area was contrary to rules and regulations. He said it was “absurd and incomprehensible”. It is subject to judicial interpretation and is not legally sustainable.
Referring to the Supreme Court’s previous ruling, the court said such disorders did not arise within two weeks, but were diagnosed after the individuals had served together for one year of military service.
“Above all, it doesn’t matter much whether the cause of the disability is in a peaceful or a difficult area, as soldiers are exposed to stress and tension in army service for a variety of reasons, including climate, geography, and distance from their families.” said. A bench was observed.
The court reversed the order denying him his disability pension, ruled that he was entitled to a lifetime benefit, and ordered the Department of Defense to calculate and publish the same amount from the date of his release. instructed.
