NEW DELHI: The Delhi High Court on Saturday upheld a tribunal decision granting disability pension to a retired Army veteran, emphasising that a posting in a peace area does not automatically negate the link between service and disability.
A division bench, comprising Justices Navin Chawla and Shalinder Kaur, dismissed the petition filed by the government and underscored that the Medical Board must carefully consider service conditions before denying disability benefits.
The case centered on the respondent, who retired in 2012 after serving in challenging terrains, including high-altitude postings such as Leh. Initially, the Medical Board attributed his disabilities — coronary artery disease (CAD), primary hypertension, and open angle glaucoma — to military service. However, the Board later revised its opinion, stating that the respondent’s subsequent posting in Ambala, a peace area, negated the service connection.
Dismissing this rationale, the tribunal relied on the Supreme Court’s precedent, which held that disabilities arising after joining service are presumed to be attributable to or aggravated by service unless proven otherwise.
The tribunal also referenced the 2008 guidelines for medical officers, which address the role of stress in aggravating conditions like hypertension, even in peace postings.
The HC echoed these findings, rejecting the petitioner’s argument that Medical Board’s opinion was conclusive. The bench stressed that the Medical Board’s initial acknowledgment of service-related aggravation could not be disregarded merely due to the location of the officer’s later postings.