Court rejects Centre’s plea, upholds disability pension for ex-Army man with primary hypertension
A bench of Justices Harsimran Singh Sethi and Deepak Manchanda was dealing with a plea of the Centre challenging the AFT order, which granted the disability pension on the grounds that he was found to be suffering from disability of ‘Primary Hypertension’ during service.
“Once at the time of enrolment, respondent was medically examined and was found to be fit in all aspects and it was only during his service period that respondent was found to be suffering from disability of ‘Primary Hypertension’ that being so, the said disability has to be attributed to the military service and the unsubstantiated report of medical board cannot take away the right of respondent to claim the benefit of disability pension and that too, by rounding off the disability from 30 per cenr to 50 per cent,” the court said on May 25.
The Cantre was challenging the AFT’s 2025 order, which had granted the benefit of disability pension along with the benefit of rounding off of the disability pension from 30 per cent to 50 per cent for life.
The respondent in the case joined the armed forces in 2004 and was medically examined and found not to be suffering from any such disease and was found to be medically fit, but during the continuance of his service, he was found to be suffering from disability of ‘Primary Hypertension’.
After rendering approximately 17 years of service, when he was discharged from service in 2021, he had already rendered approximately 17 years of service with the petitioners.
Representing the Centre, Senior Panel Counsel placed reliance upon the report of medical examination of the respondent to contend that though the disability of ‘Primary Hypertension’ exists in him, the said disability has been assessed by the Medical Board at 30 per cent for life, and the same was assessed to be ‘neither attributable to military service nor aggravated by the military service.’
Counsel for the petitioner further submits that even the benefit of rounding off of disability pension has been wrongly granted to the respondent.
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