Court Emphasizes Need for Medical Boards to Provide Specific Reasons When Denying Disability Pension
In a significant ruling, the Delhi High Court has upheld the decision of the Armed Forces Tribunal to grant disability pension to 627281 Ex MWO (HFO) Tejpal Singh, a former Air Force officer, who had been denied such benefits by the Release Medical Board. The court dismissed the petition filed by the Union of India challenging the Tribunal's order that allowed Singh a disability pension for 'Primary Hypertension,' broad-banded from 30% to 50%, effective from his discharge date.
The Bench comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora emphasized that the Medical Board must provide clear and cogent reasons when attributing a disability to lifestyle factors, especially when denying pension claims. The court found that the Medical Board's conclusion attributing Singh's hypertension to lifestyle without detailed justification was inadequate and unsustainable.
The court reiterated the presumption that armed forces personnel are in sound health at the time of their entry into service unless proven otherwise. It stressed that any deterioration in health during service is presumed attributable to military service, placing the onus on the employer to rebut this presumption with substantial evidence.
The Tribunal had earlier ruled in favor of Singh, directing the Union of India to issue the necessary corrigendum for pension payment and to clear arrears within three months, failing which an interest rate of 6% per annum would apply.
This decision reaffirms the judiciary's stance on the rights of armed forces personnel to receive due benefits and the importance of transparency and accountability in the decision-making processes of Medical Boards. The court's judgment is a reminder of the sacrifices made by military personnel and the need to honor their service with appropriate benefits.
Bottom Line:
Armed Forces Disability Pension - Medical Boards must provide clear, cogent, and specific reasons for denying the disability pension, particularly when attributing the disability to lifestyle or non-service-related factors. Presumption of sound health at the time of entry into service unless proven otherwise.
Statutory provision(s): Armed Forces Disability Pension Rules, Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008
Union of India v. 627281 Ex MWO (HFO) Tejpal Singh, (Delhi)(DB) : Law Finder Doc Id # 2842088
