Fit on Enlistment, Disabled Later: Disability Presumed Service-Related for Pension, Rules Punjab & Haryana High Court, Citing Dharamvir Singh Precedent

Punjab & Haryana High Court Upholds Disability Pension for Ex-Subedar, Affirms 'Fit at Entry' Presumption

Chandigarh – The Punjab and Haryana High Court has delivered a significant ruling reinforcing the rights of armed forces personnel to disability pension, dismissing a petition filed by the Union of India against an order of the Armed Forces Tribunal (AFT). The bench, comprising Justice Harsimran Singh Sethi and Justice Vikas Suri, held that if a soldier is medically fit upon joining the service, any disability developed later is presumed to be attributable to or aggravated by military service.

Case Background

The case, Union of India vs Ex. Sub Dilawar Singh , involved a challenge to a 2022 AFT order that granted Ex. Subedar Dilawar Singh disability pension by rounding off his 20% disability to 50% for life. Dilawar Singh, who had served for over 28 years since his enlistment in 1984, was diagnosed with "PIVD L4-5 & L5-S1" (Prolapsed Intervertebral Disc) upon his discharge in 2012.

Arguments Presented

The Union of India, acting as the petitioner, contested the AFT's decision primarily on the grounds of a Medical Board report. Their counsel argued that the report explicitly stated the disability was ‘neither attributable to Military Service nor aggravated by the Military service’. Therefore, they contended, the grant of disability pension, especially with the rounding-off benefit, was fundamentally incorrect and perverse.

The respondent's case, upheld by the AFT and subsequently the High Court, rested on the fact that he was found medically sound and free of any disease when he joined the armed forces. The disability manifested only during his long tenure of service.

Legal Precedents and Court's Reasoning

The High Court decisively sided with the retired soldier, grounding its judgment in established Supreme Court precedents. The bench underscored the principles laid down in two landmark cases:

• Dharamvir Singh vs. Union of India (2013) : The Court cited this judgment to emphasize the legal presumption in favor of the soldier. The Supreme Court had held that in the absence of any note of a pre-existing disease in the service record at the time of entry, it is presumed that the individual was in sound health and any subsequent deterioration is due to military service. The High Court noted, "it was incumbent on the part of the Medical Board to call for records and look into the same before coming to an opinion," which was not demonstrated.

• Union of India vs. Ram Avtar (2014) : This judgment was crucial for upholding the rounding-off of the disability percentage. The Supreme Court had settled the law that any personnel suffering from a service-attributable disability is entitled to the benefit of rounding off.

The bench articulated its reasoning clearly in the judgment:

"once at the time of selection, respondent No. 1 was medically examined and was found fit in all respects and it was only during the service, respondent No.1 was found suffering from the “PIVD L4-5 & L5-S1”. That being so, the said disabilities have to be attributed to the military service and the report of Medical Board cannot take away the right of respondent No. 1 to claim the benefit of disability pension..."

The Court found that the petitioner's counsel was unable to dispute the settled legal positions established by the Supreme Court in these cases.

Final Decision and Implications

Finding no perversity in the AFT's order, either factually or legally, the High Court dismissed the Union of India's writ petition. The decision reaffirms a critical protection for military veterans, ensuring that the burden of proof lies with the establishment to disprove the service connection for disabilities that arise during a soldier's career, provided they were fit upon entry. It also solidifies the entitlement to the rounding-off benefit, which provides greater financial security to disabled veterans.