11 January 2024 Constitutional & Government >> Constitution & Law Procedure   |   Armed Forces Tribunal >> Miscellaneous  

A former soldier's petition for disability pension was dismissed by a court due to a combination of factors, including a long delay in filing the claim and a medical condition deemed pre-existing.

The soldier, who served for only six months, was diagnosed with Aortic Regurgitation during his training. This condition led to his discharge from service. Years later, he applied for a disability pension but was rejected.

Background:

The soldier argued that since his Aortic Regurgitation wasn't detected during recruitment, it should be considered a condition attributable to his military service. He contended that the strenuous training might have aggravated the pre-existing condition.

The Court's Reasoning:

The court, however, ruled against the soldier for several reasons:

• Delay in Filing: The court considered the 30-year delay in filing the petition a significant hurdle.
• Short Service: The soldier's brief service period (only six months) weighed against his claim.
• Medical Opinion: The medical report played a crucial role. Doctors opined that Aortic Regurgitation was congenital, meaning the soldier had it before entering service.

Cases referred:

The court also referred to a similar case (Narsingh Yadav vs. Union of India) where a soldier's mental disorder, although undetectable during recruitment, wasn't considered grounds for a disability pension because it couldn't be linked to military service.

Key Takeaways:

This case highlights the importance of timeliness when filing claims for disability pension. Additionally, for a successful claim, there needs to be a clear connection between the disability and the military service. While an undetected pre-existing condition might not automatically disqualify someone, it becomes difficult to establish causality, especially when the service period is brief.

  Constitution of India, 1950