Benefit of Doubt Must Favor Disabled Soldier for Disability Pension Grant: Punjab & Haryana High Court

Benefit of Doubt Must Favor Disabled Soldier for Disability Pension Grant: Punjab & Haryana High Court

Recently, the Punjab and Haryana High Court delivered a landmark judgment to the effect that, in cases of disabled soldiers looking for disability pensions, the doubt must come in their favor. In this regard, this judgment speaks to a judiciary that is cognizant of the sacrifices of armed forces personnel and also the importance that needs to be attached in ensuring welfare post-service.Case Background It was an application by an ex soldier challenging the denial of disability pension. The ex soldier was medically boarded out from service due to his disability during service. He held that the soldier, due to military authorities, was ineligible for pension since disability was not incurred or aggravated by service in the armed forces. Observations of the High Court The Punjab and Haryana High Court, while deciding the matter, held that disabled soldiers should not be put in financial hardship due to procedural vagaries or due to lack of evidence. It held that where the cause of disability is either uncertain or there is lack of clarity regarding its connection with the military service, the benefit of doubt must lie in favour of the soldier. The bench noted that service in the military is marked by stringent physical and mental demands as well as extreme conditions. It could reasonably be inferred that such stringent conditions may aggravate or contribute to disabilities even though the same may not specifically appear as service-connected conditions. Judgment Highlights Benefit of Doubt Applies The court held that where there is no affirmative evidence of whether the disability is causally connected or aggravated by military service, presumption must be in favour of the soldier. AFT's Role: The high court directed the Armed Forces Tribunal to take liberal and humane approach in cases of such disability pension. Humanitarian considerations: This ruling has decided that the state, being under a moral responsibility, must take care of its soldiers who get disabled during their service in the nation. Pension denied to such soldiers goes against equity and justice principles. Relevance of Judgment This court ruling is important in ensuring that soldiers who have dedicated their lives to safeguarding the nation are not denied their legitimate rights. The judiciary continues to remind itself of its position regarding the upholding of marginalized groups' rights, such as those for disabled ex-servicemen. Broader Implications It would establish a precedent for cases all over the country to be treated in the same way and, thus, make for a more sensitive handling of the welfare of personnel of the armed forces. It also acts as a wake-up call to the military authorities to relook at the procedure of assessment of disability pensions. This judgment falls within a broad scope of giving service and respect to the minds serving the nation; by this, the social covenant between the state and defenders is re-enforced.

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