AFT rules out disability pension for mental disorders detected soon after enrolment

The Armed Forces Tribunal (AFT) has held that mental disorders detected soon after enrolment into the defence forces cannot be attribute to the stress and strain of military service as it is an established fact that such problems may come to the fore during medical examination at the time of recruitment.

Dismissing a petition seeking disability pension filed by a soldier who was detected with acute schizophrenia within one month of joining the service, the Tribunal upheld the findings of the invalidating medical board that assessed his disability at 40 per cent but held it as neither attributable to nor aggravated by military service.

“Since the disease started in less than one month of his enrolment, hence by no stretch of imagination it can be concluded that it has been caused by stress and strains of military service,” the Tribunal’s bench of Justice Anil Kumar and Vice Admiral Atul Kumar Jain ruled on November 27.

“Additionally, it is well known that mental disorders can escape detection at the time of enrolment, hence benefit of doubt cannot be given to the applicant merely on the ground that the disease could not be detected at the time of enrolment. There is no causal connection between the disease and military service,” the bench said.

The bench observed that it has been held by the Supreme Court that mental disorders cannot be detected at the time of recruitment and their subsequent manifestation does not entitle a person for disability pension unless there are very valid reasons and strong medical evidence to dispute the opinion of the medical board.

In a similar factual background, the Tribunal had earlier dismissed the claim for disability pension wherein a soldier suffering from schizophrenia was discharged after four months with his disability being assessed at 80 per cent, but the rejection of his disability pension claim was upheld by the apex court.