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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Gurcharan Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioner herein prays for modifying the order dated 06.12.2018 (Annexure P-1) as passed by the learned Armed Forces Tribunal concerned.
Factual Background
2. The petitioner was enrolled in the Army on 28.01.1971 in a fit medical condition and was invalided out from service on 29.07.1978. During the course of his service, he incurred the disability of 'Neurosis (Depressive Reaction)' which was assessed @ 20% for two years by the Invaliding Medical Board.
3. The disability element claim of the petitioner was rejected by the Competent Authority thus on the ground that the supra disability was neither attributable to nor being aggravated by rendition of military service
4. Feeling aggrieved, the petitioner filed Original Application No. 257 of 2016 before the Armed Forces Tribunal concerned for the grant of disability element of disability pension. The said O.A. became disposed of vide order dated 06.12.2018. The operative part of the order is extracted hereinafter.
Considering the law laid down by the Hon'ble Supreme Court and also the attendant circumstances, the rejection of the claim of the Applicant is set aside
Entitlement to disability pension is affirmed based on service-related disabilities, with adjustments as per relevant statutes and precedents.
The ruling establishes that military personnel injured during service are entitled to a presumption of service-related disability, potentially increasing pension benefits to 50%.
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