High Court pension relief for discharged diabetic jawan

CHANDIGARH: The Punjab and Haryana HC observed that unless there is evidence that a soldier became diabetic during military service because of poor eating habits and lack of physical activity, authorities cannot deny him disability pension upon discharge from the Army on medical grounds, reports Ajay Sura.

Military authorities had denied disability pension to a soldier discharged from service in medical category due to Type 2 diabetes mellitus after attributing cause of disease to poor dietary habits and lack of physical activity.

"Unless evidence became adduced that he consumed prohibited food or was never engaged in physical activities, the said eruption/causes cannot be fixed onto the present respondent... This court is constrained to give no weightage to opinion of the medical board. Onset of the disease cannot be said to be a sequel to antecedental genetic family history. Contrarily, it is required to be declared to arise from rendition of military service," HC held.

HC passed these orders while dismissing a plea filed by Centre seeking directions to set aside the April 22, 2022 orders passed by AFT Chandigarh whereby the claim of Chetan Malik , a former soldier, for the grant of disability pension was allowed.

The soldier was enrolled in the Army on Jan 20, 2003, and discharged from service on Oct 31, 2019, at his own request, on compassionate grounds before completion of terms of engagement in medical category due to disabilities that included severe depressive episode and Type 2 diabetes mellitus.

At the time of discharge, his disabilities were compositely assessed at 50% for life; however, the same were held to be neither attributable to nor being aggravated by military service. Accordingly, the claim of the respondent for grant of disability pension was rejected. However, AFT held him entitled to a disability pension. Aggrieved by the AFT's orders, Centre had moved HC.