Punjab and Haryana High Court upholds Disability Pension for ex-serviceman Bhupinder Singh, discharged in 1989 after developing heart disease during service.
The Punjab and Haryana High Court has dismissed the Centre’s challenge against the grant of Disability Pension to former Army serviceman Bhupinder Singh, who was discharged from service in 1989. The court held that when a soldier is found medically fit at the time of recruitment but develops a disease during service, the condition can be presumed to be connected with military service.
The ruling provides important relief to Bhupinder Singh, who had been seeking pensionary benefits after developing ischemic heart disease during his years in the armed forces.
Former Soldier Served for Over 18 Years
Bhupinder Singh was discharged from the Army on July 31, 1989, after completing 18 years and 215 days of service. His initial medical examination, conducted on December 29, 1970, did not indicate any such disease.
During his military service, however, he was diagnosed with ischemic heart disease. The dispute later centred on whether the condition could be treated as related to his military service for the purpose of Disability Pension.
A division bench comprising Justice Harsimran Singh Sethi and Justice Amarinder Singh Grewal considered the matter.
Armed Forces Tribunal Had Earlier Ruled in His Favour
The Armed Forces Tribunal in Chandigarh had passed an order on May 6, 2024, granting relief to Bhupinder Singh. It directed that his 20 percent disability be rounded up to 50 percent for pensionary benefits.
The benefit was ordered from August 1, 1989, the day after his discharge from service.
The Centre subsequently approached the High Court challenging the tribunal’s decision.
Centre Raised Objections
The Centre argued that the medical assessment had not attributed the disease to military service or stated that service had aggravated the condition. It also questioned the considerable delay in pursuing the pension claim.
The High Court, however, examined the legal principles applicable to personnel who enter military service after being declared medically fit and subsequently develop a disease while serving.
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What Did the High Court Say?
The bench observed that where a soldier was healthy at the time of recruitment and a disease subsequently appears during service, the presumption regarding its connection with military service operates in favour of the soldier, subject to the applicable rules and evidence.
The court also referred to observations of the Supreme Court concerning the medical condition of personnel at the time of recruitment. Where there is no record of a disease when a person joins the armed forces, subsequent deterioration in health can be considered in the context of military service.
The court further noted that an unsupported medical board opinion cannot, by itself, defeat an otherwise established claim for Disability Pension.
Benefit of Disability Rounding Also Upheld
Another important aspect of the case was the conversion of the assessed 20 percent disability to 50 percent for pension purposes.
The High Court referred to the Supreme Court’s ruling in the Ram Avtar case, which recognised the benefit of rounding off disability for eligible armed forces personnel entitled to disability pension.
Considering the circumstances of Bhupinder Singh’s case, the bench found no sufficient reason to interfere with the Armed Forces Tribunal’s order.
Centre’s Petition Dismissed
The Punjab and Haryana High Court ultimately rejected the Centre’s challenge and allowed the tribunal’s decision to stand.
The judgment reinforces the importance of a soldier’s medical condition at the time of recruitment when assessing later claims. For Bhupinder Singh, the ruling brings a long-running Disability Pension dispute to a close and provides the pensionary benefit ordered by the tribunal.
The decision may also be relevant to similar cases involving former armed forces personnel who develop medical conditions during their period of service.
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