Pranav Shukla
The Punjab & Haryana High Court on 17 December, 2024, reiterated that a person is assumed to be in good physical and mental health at the time of joining the military unless explicitly stated otherwise. Any decline in health thereafter is presumed to have been caused or worsened by their military service held in the case of Krishna Nandan Mishra v. Union of India and Ors.
A Bench consisting of Justices Sureshwar Thakur and Sudeepi Sharma noted that any doubt should favor the disabled soldier. It is the responsibility of the employer, in this case, the Union of India, to demonstrate that the disability was neither caused nor aggravated during military service.
The Court further stated that “a presumption is made regarding the sound physical and mental health of a defense personnel member at the time of enrollment, particularly if there is no record or note indicating any pre-existing illness. Additionally, it is presumed that any subsequent health deterioration or onset of a disease is linked to the individual’s service in the defense establishment”.
The case involved Krishna Nandan Mishra, who joined the Defence Security Corps (DSC) in August 1997 and served for over ten years until his discharge in the year August 2007.
His discharge was primarily due to being classified in a low medical category, as determined by a Release Medical Board. At the time of his discharge, the board diagnosed him with “CAD IWMI-SVD 1-24” and assessed his disability at 30%. However, it concluded that his condition was neither caused by nor worsened due to his tenure in military service.
Based on this conclusion, the petitioner’s claim for a disability pension was denied by the competent authority, a decision that was upheld in two appeals in March 2009 and December 2010.
Unhappy with these outcomes, he filed a petition with the Armed Forces Tribunal (AFT), contesting the denial of his disability pension. However, the Tribunal dismissed his application in April 2014, ruling that his condition was not connected to his military service.
Dissatisfied with the Tribunal’s decision, the petitioner filed a writ petition with the Punjab and Haryana High Court, seeking to challenge the dismissal of his claim. He argued that his disability was either caused by or worsened due to his service in the DSC.
The High Court, after reviewing the procedures followed by the Medical Board and the Armed Forces Tribunal, noted that the medical evaluation failed to conduct a thorough investigation into the origin, progression, or possible aggravation of the petitioner’s condition.
The Court highlighted that such cursory assessments violated the guidelines established in the “Guide to Medical (Military Pension), 2002,” and the “Entitlement Rules for Casualty Pensionary Awards, 1982.”
Relying on the Supreme Court’s ruling in Dharamvir Singh v. Union Of India ,Court reaffirmed that a soldier is presumed to be in good health at the time of enrollment unless stated otherwise.
Accordingly, the Court quashed the AFT’s order and directed the respondents to process the petitioner’s disability pension within three months.
Case Name: Krishna Nandan Mishra v. Union of India and Others
CaseNumber: 2024: PHHC:168527-DB
Bench: Justices Sureshwar Thakur and Sudeepi Sharma
Click here to access the order.