New Delhi, Dec 25 (UNI) In a significant ruling, the Armed Forces Tribunal (AFT) has granted disability pension to a former Indian Army personnel suffering from primary hypertension.
The Tribunal, comprising Justice Shekher Dhawan and Lt. Gen. (Dr.) Ranbir Singh, held that the principle that disabilities arising during service are presumed to be service-related unless proven otherwise.
The bench upholding the rights of armed forces personnel to fair and timely disability pensions directed that the applicant is entitled to disability pension at 30%, rounded off to 50%, with effect from January 1, 2013, for life.
The case involves Subhash Chander Attri, who was enrolled in the Indian Army in 1985 in a fit state of health under the medical category AYE.
After serving for over 27 years, he developed primary hypertension in May 2011 and was discharged on December 31, 2012.
The Medical Board had assessed his disability at 30% but deemed it neither attributable to nor aggravated by military service since it arose in a peace area. Consequently, his claim for disability pension was rejected on February 16, 2013.
The AFT relied on landmark Supreme Court judgments, including Dharamvir Singh v. Union of India, which emphasized that in the absence of evidence of pre-existing conditions at the time of enrollment, any disability arising during service is presumed to be service-related.
The court also referred to Rule 423(a) of the General Rules and the Entitlement Rules for Casualty Pensionary Awards, 1982, which state that the conditions under which the disability arose—whether in peace or active service areas—are immaterial in determining entitlement to a disability pension.
The Tribunal further cited its recent ruling in Gulab Jha v. Union of India (2023), wherein a similar
claim for primary hypertension was upheld based on the Supreme Court’s principles.
The AFT directed the Union to calculate and pay the arrears within four months, failing which an 8% annual interest would be imposed until the entire amount is paid. However, since the applicant filed the case after a 10-year delay, arrears were restricted to three years before the date of institution, i.e., July 14, 2022.
