Can’t deny disability benefits to soldier: AFT
Vijay Mohan
Chandigarh, November 5
The Armed Forces Tribunal (AFT) has held that disability pension cannot be denied to a soldier discharged on medical grounds if he had refused to undergo surgery after being told his disorder would not be fully cured even after availing the treatment.
The soldier contended that provisions issued by the Director General Armed Forces Medical Services stipulated that in case of spinal disorders, where there was refusal to undergo surgery, the same might be considered reasonable inter alia if the disease would not be completely cured.
The tribunal’s Bench comprising Justice Sudhir Mittal and Lt Gen Ravendra Pal Singh observed that as per the proceedings of the release medical board, had the soldier undergone surgery, the disability could have been reduced to 10 per cent and that is probably the reason for reduction of extent of disability to 10 per cent.
“The board has opined that disability to the extent of 10 per cent would continue to exist even if he had undergone surgery and thus refusal to undergo surgery should have been considered reasonable and the soldier should have been granted full disability pension,” the Bench ruled.
Quashing the orders denying disability pension to the soldier, the Bench directed the respondents to grant him benefits for disability to the extent of 20 per cent, rounded-off to 50 per cent in accordance with SC directives, along with arrears.
Had refused surgery for spinal ailment
- The soldier, who was suffering from a spinal issue, was discharged from the Army after having rendered pensionable service but in the low medical category
- The medical board held his disability had been aggravated by military service and the extent of disability was assessed as 20% for life
- It was reduced to 10% on account of his refusal to undergo surgery on grounds disease wasn’t fully curable
