Sunday, February 15, 2015

Supreme Court again upholds the dignity of disabled soldiers - posts Maj Navdeep Singh (Retd) in his blog

Again coming to the rescue of disabled soldiers denied disability pension, the Supreme Court has yesterday rendered a detailed landmark decision holding that any disability that arises during service is to be deemed to have been caused by military service unless reasons are recorded as to how the disability was such which could not have been detected at the time of entering into service.

Before I proceed with more details, I must put it on record that the present times are the best for military veterans. The political leadership, that is, the current Defence Minister, is inclined to resolve all such issues, especially related to disabled veterans, and the military brass dealing with the subject seems to have a pragmatic leader in the new Adjutant General. They need to now implement their vision and enforce the law of the land without being bothered about the personal opinion of their staff. I have, in the past, discussed in detail the issue how the establishment (more specifically the medical set-up) is being unfair to our disabled soldiers by its hyper-technical and mathematical approach.

The decision, while dismissing 26 appeals filed by Ministry of Defence against disability pension granted by High Courts and Armed Forces Tribunal to physically and psychiatrically disabled soldiers, again reiterates what had been held by the Supreme Court in 2013 in Dharamvir’s case, in 2014 in Sukhwinder’s case and also by the Punjab & Haryana High Court in its landmark judgement in Umed Singh’s case again in 2014. The following is notable from the dicta of the Supreme Court:

A. The opinion of the medical board stating that a disability is “neither attributable to, nor aggravated by military service” is not sufficient to deny disability pension to disabled soldiers.

B. As per rules, a presumption of fitness operates when a person joins service and it is also presumed under the rules that any deterioration that has taken place in the health of a soldier is due to military service.

C. Claimant is not to be called upon to prove entitlement and he/she shall receive the benefit of doubt.

D. If the medical board holds that the disability could not have been detected on medical examination at the time of acceptance in service, reasons for the same shall be stated.

E. Provision for payment of disability pension is a beneficial provision which ought to be interpreted liberally so as to benefit those who have been sent home with a disability at times even before they completed their tenure in the armed forces

F. The burden to establish non-connection of disability with service would lie heavily upon the employer since the rules raise a presumption that deterioration in the health of soldiers is on account of military service or aggravated by it. A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same.

Thanks to the Supreme Court and the Delhi and Punjab & Haryana High Courts for ensuring a life of dignity to our disabled soldiers. 

(Source- Indian Military benefits blog) 

4 comments:

  1. Dear Sir !


    Ex Nk vm/mv 14581288-F Ghanshyam upadhyay 225, Sangam vihar colony Haweliya Jhushi 211019 Allahabad (UTTAR PRADESH).

    I had recruited in IAF in April/23/1985 in fit for category A and i had reported to EME Center for further basic schedule training of Army.

    After completion of 3 years service i had admitted in CH CC Lucknow in consonance condition in years of Nov/ 1988 and medical board has decided LMC C temporary for 6/12 years. After that till release medical board up to years 2001 March served in LOW MEDICAL CATEGORY CEE' Temp/Permt alternately '' ESSENTIAL HYPERTENSION OLD' Till now i continuously taking high doses of anti hypertension drug in under supervision of ECGHS Medical specialist. After period of 1994 i Served in low medical category CEE'(PERMT) till end of my service up to 31/Oct/2001

    2- During period of service with 989 air defense regiment wksp at pathankot . I was suffering from ''CHEST PAIN'' due to officer commanding has not been provided sick report book to me for collection of regular medicine by 167 base hospital pkt 'Which had already been directed by Medical Board at a time of PREVIOUS review. I had crossed to finishing of unit boundary line without information to superior authority and had reported to MI Room for further our necessary treatment. After inspection of Medical specialist was found my BP 225/135 mm hg. Medical specialist had been directly complaint to CO of 989 AD REGIMENT regarding my case along with written comment of M/S Which has complaint to Commanding Officer . I had admitted in ICU 07 days in
    serious condition with air ventilator. Due to complaint of Medical Specialist ' officer commanding always was touched/ physically and mentally.

    3- After few weeks' He had sent to MH pathankot with filled of 10 NO form in MENTAL disease' with guard. After review of Specialist 'same days he has discharged in fit for A condition a normal sedentary / shelters appointment as per AO 146/77 .

    4- After few month i had posted out to 813 field workshop Jodhpur in month of Nov/2000. Review medical board letter had issued by officer commanding for review in MH in low medical category CEE' Permt. After review medical board had putted placed in low medical cat 'CEE' in permt for further 02 next years.

    5- During period of Cat CEE' Permanent, i had produced request application as per REQUEST REGISTER S.NO 252 Dated 22/ Feb/2001 for retirement on ''medical ground ''for save of my personal life, Due to OC had been denied for sheltered Employment 'Light duties'' as per my LOW MEDICAL CATEGORY'

    6- Which letter had been sent Record office,That was totally manipulated & modified along with different contents by officer commanding and Head clear ck irrespective subject Voluntary retirement on compassionate ground.

    7- Release Medical board had held at Jodhpurs M.H along with Medical Category CEE' permanent and medical board had been decided 40% disability with attributable and aggrieved by military service.

    8- PCDAP has rejected the disability pension 40% due to on ground of voluntary retirement.

    9- My case under consideration of ''Double Bench'' in High court' Allahabad since. 2003.

    NOTE- Please guide us for further your opinion please.








    --
    With Best Regards

    Ghanshyam Upadhyay
    EX- Army ( B.Veh .Tech)
    General Manager-Works
    Suvidha Movers Pvt Limited
    Contact No # 9648939598​' 9452878685​
    Allahabad ( U P)
    cid:_1_07CE93FC07CE8CF00022009565257457Go Green. Print only if necessary. Save trees.

    ReplyDelete
  2. Dear Sir !


    Ex Nk vm/mv 14581288-F Ghanshyam upadhyay 225, Sangam vihar colony Haweliya Jhushi 211019 Allahabad (UTTAR PRADESH).

    I had recruited in IAF in April/23/1985 in fit for category A and i had reported to EME Center for further basic schedule training of Army.

    After completion of 3 years service i had admitted in CH CC Lucknow in consonance condition in years of Nov/ 1988 and medical board has decided LMC C temporary for 6/12 years. After that till release medical board up to years 2001 March served in LOW MEDICAL CATEGORY CEE' Temp/Permt alternately '' ESSENTIAL HYPERTENSION OLD' Till now i continuously taking high doses of anti hypertension drug in under supervision of ECGHS Medical specialist. After period of 1994 i Served in low medical category CEE'(PERMT) till end of my service up to 31/Oct/2001

    2- During period of service with 989 air defense regiment wksp at pathankot . I was suffering from ''CHEST PAIN'' due to officer commanding has not been provided sick report book to me for collection of regular medicine by 167 base hospital pkt 'Which had already been directed by Medical Board at a time of PREVIOUS review. I had crossed to finishing of unit boundary line without information to superior authority and had reported to MI Room for further our necessary treatment. After inspection of Medical specialist was found my BP 225/135 mm hg. Medical specialist had been directly complaint to CO of 989 AD REGIMENT regarding my case along with written comment of M/S Which has complaint to Commanding Officer . I had admitted in ICU 07 days in
    serious condition with air ventilator. Due to complaint of Medical Specialist ' officer commanding always was touched/ physically and mentally.

    3- After few weeks' He had sent to MH pathankot with filled of 10 NO form in MENTAL disease' with guard. After review of Specialist 'same days he has discharged in fit for A condition a normal sedentary / shelters appointment as per AO 146/77 .

    4- After few month i had posted out to 813 field workshop Jodhpur in month of Nov/2000. Review medical board letter had issued by officer commanding for review in MH in low medical category CEE' Permt. After review medical board had putted placed in low medical cat 'CEE' in permt for further 02 next years.

    5- During period of Cat CEE' Permanent, i had produced request application as per REQUEST REGISTER S.NO 252 Dated 22/ Feb/2001 for retirement on ''medical ground ''for save of my personal life, Due to OC had been denied for sheltered Employment 'Light duties'' as per my LOW MEDICAL CATEGORY'

    6- Which letter had been sent Record office,That was totally manipulated & modified along with different contents by officer commanding and Head clear ck irrespective subject Voluntary retirement on compassionate ground.

    7- Release Medical board had held at Jodhpurs M.H along with Medical Category CEE' permanent and medical board had been decided 40% disability with attributable and aggrieved by military service.

    8- PCDAP has rejected the disability pension 40% due to on ground of voluntary retirement.

    9- My case under consideration of ''Double Bench'' in High court' Allahabad since. 2003.

    NOTE- Please guide us for further your opinion please.








    --
    With Best Regards

    Ghanshyam Upadhyay
    EX- Army ( B.Veh .Tech)
    General Manager-Works
    Suvidha Movers Pvt Limited
    Contact No # 9648939598​' 9452878685​
    Allahabad ( U P)
    cid:_1_07CE93FC07CE8CF00022009565257457Go Green. Print only if necessary. Save trees.

    ReplyDelete
  3. Dear Sir !


    Ex Nk vm/mv 14581288-F Ghanshyam upadhyay 225, Sangam vihar colony Haweliya Jhushi 211019 Allahabad (UTTAR PRADESH).

    I had recruited in IAF in April/23/1985 in fit for category A and i had reported to EME Center for further basic schedule training of Army.

    After completion of 3 years service i had admitted in CH CC Lucknow in consonance condition in years of Nov/ 1988 and medical board has decided LMC C temporary for 6/12 years. After that till release medical board up to years 2001 March served in LOW MEDICAL CATEGORY CEE' Temp/Permt alternately '' ESSENTIAL HYPERTENSION OLD' Till now i continuously taking high doses of anti hypertension drug in under supervision of ECGHS Medical specialist. After period of 1994 i Served in low medical category CEE'(PERMT) till end of my service up to 31/Oct/2001

    2- During period of service with 989 air defense regiment wksp at pathankot . I was suffering from ''CHEST PAIN'' due to officer commanding has not been provided sick report book to me for collection of regular medicine by 167 base hospital pkt 'Which had already been directed by Medical Board at a time of PREVIOUS review. I had crossed to finishing of unit boundary line without information to superior authority and had reported to MI Room for further our necessary treatment. After inspection of Medical specialist was found my BP 225/135 mm hg. Medical specialist had been directly complaint to CO of 989 AD REGIMENT regarding my case along with written comment of M/S Which has complaint to Commanding Officer . I had admitted in ICU 07 days in
    serious condition with air ventilator. Due to complaint of Medical Specialist ' officer commanding always was touched/ physically and mentally.

    3- After few weeks' He had sent to MH pathankot with filled of 10 NO form in MENTAL disease' with guard. After review of Specialist 'same days he has discharged in fit for A condition a normal sedentary / shelters appointment as per AO 146/77 .

    4- After few month i had posted out to 813 field workshop Jodhpur in month of Nov/2000. Review medical board letter had issued by officer commanding for review in MH in low medical category CEE' Permt. After review medical board had putted placed in low medical cat 'CEE' in permt for further 02 next years.

    5- During period of Cat CEE' Permanent, i had produced request application as per REQUEST REGISTER S.NO 252 Dated 22/ Feb/2001 for retirement on ''medical ground ''for save of my personal life, Due to OC had been denied for sheltered Employment 'Light duties'' as per my LOW MEDICAL CATEGORY'

    6- Which letter had been sent Record office,That was totally manipulated & modified along with different contents by officer commanding and Head clear ck irrespective subject Voluntary retirement on compassionate ground.

    7- Release Medical board had held at Jodhpurs M.H along with Medical Category CEE' permanent and medical board had been decided 40% disability with attributable and aggrieved by military service.

    8- PCDAP has rejected the disability pension 40% due to on ground of voluntary retirement.

    9- My case under consideration of ''Double Bench'' in High court' Allahabad since. 2003.

    NOTE- Please guide us for further your opinion please.








    --
    With Best Regards

    Ghanshyam Upadhyay
    EX- Army ( B.Veh .Tech)
    General Manager-Works
    Suvidha Movers Pvt Limited
    Contact No # 9648939598​' 9452878685​
    Allahabad ( U P)
    cid:_1_07CE93FC07CE8CF00022009565257457Go Green. Print only if necessary. Save trees.

    ReplyDelete
  4. Yes, no Disability Pension is payable to those went out at request. But, is payable to those went out after 1.4.2004. Since you went out prior to 1.4.2004, your case has to be decided by HC only.

    ReplyDelete