The Punjab and Haryana High Court has ruled that unless there is evidence that a soldier became diabetic during his military service by eating “prohibited foods or was never engaged in physical activity”, the authorities cannot deny him disability pension after discharge from the army for medical reasons. grounds.

The court rejected a plea filed by the central government seeking directions to set aside the orders passed by the Armed Forces Tribunal here which allowed the claim of disability pension by an ex-serviceman.

According to the details of the case, the ex-serviceman was enlisted in the Army on January 20, 2003 and was released from service on October 31, 2019, “at his own request for compassionate reasons before the completion of the terms of employment” in the medical category. “due to disabilities– Major Depressive Episode and Type -2 Diabetes Mellitus”.

At the time of his discharge from military service, his disabilities were rated at 50% for life, however, the same were neither attributable nor aggravated by military service.

Consequently, the respondent’s request for the grant of the disability pension was rejected by the letter dated November 4, 2019.

The Centre, in its plea to the high court, argued that not only was his disability genetically linked, but it was a lifestyle disease developed while serving in the peace zone.

The high court, however, observed that at the time of enlistment, the medical board should put a note about the disease, including whether it was genetically related and whether there was a possibility of occurrence, but it was not done in this case.

The high court also held that the regulation does not provide that the occurrence of the disease in a peace zone cannot be attributed to military service.

“… Even though the outbreak of the said disease on the present respondent occurred in a peace zone, therefore, the said outbreaks are to be declared aggravated by or can be attributed to the surrender of military service,” it ruled.

The court said the “type II diabetes” generation is pinning the cause of the disease on poor eating habits and lack of physical activities.

However, unless “evidence is adduced that he consumed prohibited food or was never engaged in physical activities, then the said rash/causes cannot be pinned on the present respondent (soldier),” the high court ruled instance.

Since the said evidence is neither presented nor discussed, therefore, the fixation of the said causes on the present defendant, rather by the medical board, seems thus most presumptively done, he held.

The respondent filed the first appeal before an Appeal Board. However, the same was rejected by a letter dated March 5, 2020.

Subsequently, the respondent contested the order dated March 5, 2020, before the Second Appeal Commission, in which, by order dated March 15, 2021, she accepted the first disability, i.e. “Severe Depressive Episode”, as aggravated to military service at 40% for life. but dismissed the second disability — “Type II Diabetes Mellitus” — as neither aggravated nor attributable to military service.

Feeling aggrieved, the serviceman filed a complaint with the concerned Armed Forces Tribunal challenging the rejection order passed. His plea was admitted by order dated April 22, 2022, and the AFT held that the claimant is entitled to a disability pension that includes the disability element and the service element.

Aggrieved by the AFT’s orders, the petitioner – the central government – moved the high court here.