VK awarded a disability pension to a former soldier with diabetes

The court rejected a petition filed by the central government seeking a direction to quash the orders passed by the Armed Forces Tribunal here that allowed a claim for disability pension to a former soldier.

According to the case file, the former serviceman was drafted into the army on January 20, 2003 and discharged from service on October 31, 2019, “on his own compassionate grounds prior to the completion of his term of service” under the medical category. “Due to disability – severe depressive episode and type 2 diabetes.”

At the time of his discharge from military service, his disability was assessed at 50% for life, but was not found to be either related or aggravated by military service.

Accordingly, the defendant’s claim for disability pension was rejected by letter dated November 4, 2019.

The Center, in its plea to the Supreme Court, argued that his disability was not only genetically related but was also a lifestyle disease developed during his service in a peace zone.

But the Supreme Court noted that when recruiting, the medical board should have noted the disease, including whether it was genetically related and whether there was a likelihood of occurrence, but in this case this was not done.

The High Court also held that the rules do not state that the occurrence of a disease in a peaceful zone cannot be attributed to military service.

“…Even if the onset of this disease in the present defendant occurred in a peaceful zone, therefore, these manifestations must be recognized as aggravated or related to military service,” he ruled.

The court said that the occurrence of “type II diabetes mellitus” attributes the cause of the disease to poor diet and lack of physical activity.

However, unless “evidence is produced that he consumed prohibited food or never engaged in physical activity, then the said rashes/causes cannot be recorded on the present respondent (soldier),” the high court ruled.

Since the said evidence is not stated to be presented and is not discussed, the determination of the said reasons on the present defendant and not by the medical commission appears highly suspicious, it ruled.

The defendant filed a first appeal to the Appeals Committee. However, this was rejected by letter dated March 5, 2020.

Thereafter, the respondent challenged the order dated 5th March, 2020 before the Second Appellate Committee, wherein vide the order dated 15th March, 2021, he admitted the first disability i.e. “episode of severe depression” as aggravated by military service at a rate of 40% for life. but rejected the second disability – “Type II diabetes mellitus” – as not aggravated and not related to military service.

Feeling aggrieved, the soldier filed an application with the relevant Armed Forces Tribunal, challenging the refusal order. His application was granted by order dated 22 April 2022 and the AFT held that the applicant was entitled to a disability pension which included a disability element and a long service element.

Angered by the AFT’s orders, the plaintiff – the central government – moved the high court here.