AFT Criticizes Report's Illogical Conclusion That Disability Obtained During Peaceful Posting Can’t Be Attributed To Military Service

Earlier this year, the Chandigarh Regional Bench of the Armed Forces Tribunal (AFT) granted disability pension to a former short services commissioned officer by overturning a medically and factually unsound medical board report. The AFT criticized the report for illogically concluding that a disability acquired by the officer during a peace posting couldn't be attributed to military service.

Justice Dharam Chand Chaudhary and Lt Gen Ranbir Singh, the Judicial Member and Administrative Member of the bench, respectively, criticized the medical report for disregarding the fact that the officer, who was discharged from service in 1988, didn't have any detectable disease or disability when he joined the military. The bench highlighted the board's heavy reliance on the fact that the officer was stationed in a peaceful area when diagnosed with Labile Hypertension.

In its order dated March 6, the tribunal explained why the origin area of a disability is irrelevant in such cases. The former officer was awarded a lifelong disability pension equal to 50 percent of his basic pay, starting from May 2008. The Central government was directed to calculate and release the outstanding amount within three months. If the payment was delayed, it would accrue interest at a rate of 8 percent per annum until it is paid.

The former officer pursued the release report only after a previous round of litigation before the tribunal. After the report recommended limiting his pension to 20 percent of basic pay from the date of the medical test, his applications for a disability pension of 50% of basic pay from 2008 were rejected by two appellate committees. This led to the current application before the tribunal. The applicant highlighted that during his six years of service, he was posted in states that were severely affected by terrorism at that time.

The AFT relied on various Supreme Court precedents to conclude that rejecting the disability claims was unjust when it was proven beyond reasonable doubt that the officer had no pre-existing medical issues when joining the Army.

Consequently, the tribunal ruled in favor of the applicant and disposed of the case.