Court Orders

New Delhi: A blow for Army personnel

In a ruling that would have a bearing on hundreds of defence personnel seeking discharge on medical grounds, the Supreme Court has held that if a disease had remained dormant in a personnel at the time of his recruitment, but could not be detected during his mandatory medical examination, it will not be deemed to have occurred during service, to make him entitled for the ‘disability pension’.

Defining the provisions of Pension Regulation for defence forces, the apex court said if a disease is accepted as having developed during service, it must also be established that the conditions of military service had determined or contributed to the onset of the disability.

The ruling came on the Defence Ministry’s appeal, challenging the grant of disability pension of Rifleman Keshar Singh from UP by the Allahabad High Court. He was discharged from service in 1986, ten years after joining the force, after having found to be suffering from ‘schizophrenia’, which had remained dormant in him for years and could not be detected at the time of recruitment.

The High Court had accepted his plea that the disease developed because of the strenuous job conditions of the Army. But he failed to produce any medical opinion either from the Army Medical Board, or other expert doctors - hence the apex court found the high Court order contrary to the law. 

Source: Disability pension not automatic. The Tribune, Daily, New Delhi 26 April 2007.