Disability Pension for Heart Diseases

The Hon’ble AFT Chennai in the case of Ex Sub Sundaramurthy Vs Union of India & Ors (O.A.No.99 of 2012) decided on 07.06.2013 held the Heart Diseases are also aggravated by military service due to stress and strain involved in the military service.  The operative part of the judgment  is appended below :-

“8. The Medical Board authorities appeared to have been guided by the last sub para of Para 47 of the Guide wherein it has been stated that where neither immediate nor prolonged exceptional stress and strain or service is evident, the disease may be assumed to be the result of constitutional factors, heredity and way of life such as indulging in risk factors, and neither attributability nor aggravation can be conceded in such cases. However in the same Para 47, it is also stated that service in field and high altitude areas apart from physical hardship imposes considerable mental stress of solitude and separation from family leaving the individual tense and anxious. The Guide goes on to say that magnitude of physical activity and emotional stress is no less in peace area and no clear cut distinction can be drawn between service in peace areas and field areas taking into account quantum of work, mental stress and responsibility involved. In such cases, aggravation due to service should be examined and decided in favour of the individual. It was in accordance with such Guidelines that 173 Military Hospital in two of its Re-categorisation Board Proceedings clearly stated that the ID was aggravated by service due to stress and strain of military service. The Release Medical Board formed an opinion which is different from that of the Re-categorisation Board without assigning any detailed reason for doing so.

9. We are of the view that the opinion of a Medical Board which is a body of experts must be accorded primacy and credence and must not be changed without offering valid reasons. In the petitioner’s case, there are two opinions by three different Medical Boards, two of them state that the ID is aggravated by service. We are inclined therefore to accord credence to the opinion given by the Re-categorisation Medical Boards held in September 2005 and March 2006, according to which the ID is aggravated by military service thus entitling the petitioner to be granted disability pension in terms of Para 173 and 173A of the Pension Regulations for the Army 1961. The point thus is answered in favour of the petitioner.

10. In fine, the application is allowed. The petitioner is entitled to disability pension from the date of his discharge. The arrears shall be paid to the petitioner with a simple interest of 9% by the respondents. Time for compliance is three months. No costs.”

Thus the Hon’ble AFT held the disability pension for heart diseases also. It is observed that many soldiers are not given disability pension despite of their disability was arisen during service.

Reference : Advocate Tanwar at http://advocatesstanwar.com/ & To know more Legal News at https://legalpost.in/disability-pension-for-heart-diseases/