Punjab & Haryana HC upholds disability pension rights, emphasises presumption of service related deterioration [Read Order]

Punjab: The Punjab & Haryana High Court has delivered a significant judgment upholding the rights of disabled military personnel to receive disability pensions. The court emphasized the presumption that health deterioration during service is service-related unless proven otherwise.

Punjab & Haryana High Court Rules on Disability Pension for Military Personnel

Justice Sureshwar Thakur and Justice Sudeepti Sharma made important observations regarding disability pension entitlement and the burden of proof in such cases.

The court addressed the case of Krishna Nandan Mishra, who was denied a disability pension despite being assessed with 30% disability for “CAD IWMI-SVD 1-24” upon his discharge from the Defence Security Corps. The court noted: “At the time of the apposite enlistment taking place, no note was made by the Medical Board that any disease, which did not forbid the present petitioner from enlisting in the Army, had shown preliminary onset.”

Key Legal Insights on Service-Related Disability Pension Entitlement

Highlighting fundamental principles, the court observed: “There is a presumption vis-à-vis the sound physical and mental health of any member of the defence establishment, especially when, at the stage of his enrollment, there is no note or record of him being beset by any disease.”

On the burden of proof, the court stated: “The onus of proving the absence of entitlement to benefits rests on the employer, and if this onus remains unfulfilled, the claimant becomes entitled to receive a disability pension.”

In response to the denial of the disability pension, the court concluded: “This Court finds merit in the writ petition, and with the observations above, the same is allowed.” The court directed the authorities to process the disability pension case within three months.

The court further emphasized that even disabilities arising in peace areas should be considered service-related unless specifically excluded by regulations, effectively setting a precedent for similar cases in the future.

Mr. Navdeep Singh, Ms. Roopan Atwal, and Ms. Srishti Sharma appeared on behalf of the petitioner.
Mr. Narender Kumar Vashist, Senior Panel Counsel, appeared for the respondent-Union of India.

Case title: Krishna Nandan Mishra Versus Union of India and Others

[Read Order]