Punjab and Haryana HC Rules Soldier’s Disease Linked to Military Service, Orders Pension Payment

Punjab and Haryana HC Rules on Soldier’s Disability Pension

In a significant ruling, the Punjab and Haryana High Court has asserted that diseases afflicting soldiers, even while stationed in peacetime locations, should be considered aggravated or attributable to military service. This decision provides a much-needed reprieve for veterans seeking disability pensions.

Case Background

The case centered around Krishna Nandan Mishra, a soldier who served in the Defence Security Corps from August 13, 1997, until his discharge on medical grounds in 2007. The Armed Forces Tribunal had initially rejected Mishra’s claim for a disability pension, citing that his coronary artery disease was neither caused by nor aggravated by his military service.

Judicial Findings

Upon reviewing the case, the High Court noted that the regulations did not explicitly state that a disease arising in a peacetime location could not lead to further complications. The court emphasized that the absence of such stipulations should work in favor of the soldier, thereby overruling the Tribunal’s decision.

Outcome

In an encouraging turn of events, the High Court directed the relevant authorities to process Mishra’s disability pension application and ensure the necessary benefits are sanctioned within three months. This ruling serves as a precedent for similar cases and reinforces the commitment to supporting our armed forces.

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This ruling not only aids the individual soldier but also sets a powerful example of how the legal system can advocate for the rights of military personnel. It is crucial for our veterans to receive the support they deserve, regardless of the circumstances surrounding their service.