CHANDIGARH: The Punjab and Haryana High Court has ruled that a soldier’s disease, contracted while posted in a peacetime location, must be considered aggravated by or attributable to military service, as there is no specific regulation stating otherwise.
In its ruling last Friday, the court stated, “Since the relevant regulations do not explicitly state that a disease contracted in a peacetime area cannot be linked to military service, it is not proven that the disease either originated from or was worsened by military service.”
The court was hearing a petition filed by Krishna Nandan Mishra, who challenged the April 29, 2014, decision of the Chandigarh-based Armed Forces Tribunal, which had rejected his claim for a disability pension.
Mishra, who joined the Defence Security Corps on August 13, 1997, was discharged in 2007 on medical grounds after serving for over 10 years. A Release Medical Board assessed his disability due to coronary artery disease at 30%. However, his pension claim was denied on the grounds that the disease was neither linked to nor aggravated by his military service, with authorities noting that it had developed during his service in a peacetime location.
The High Court overturned the Tribunal’s decision and instructed the authorities to process Mishra’s disability pension application, ensuring that the necessary benefits are granted within three months.
