In a significant judgment concerning the rights of armed forces personnel, the Punjab and Haryana High Court has reportedly upheld the claim of a former Border Security Force (BSF) jawan for disability pension, bringing an end to a legal battle that lasted more than two decades.
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According to the report, the former BSF personnel was recruited in 1990 and was medically fit at the time of enlistment. During his service, he was diagnosed with epilepsy and was eventually declared medically unfit for further service. In 2005, he was discharged on medical grounds. However, his claim for disability pension was denied on the basis that the illness was not attributable to military service.
The matter reached the courts, leading to prolonged litigation. The central question before the High Court was whether a disease that manifests during service can be treated as service-related when there is no evidence that the individual suffered from the condition at the time of recruitment.
The Court reportedly relied upon established legal principles and precedents holding that where a person is found medically fit at the time of joining service, any disease subsequently detected during service is ordinarily presumed to be connected with service unless the authorities can prove otherwise.
The High Court observed that there was no material on record suggesting that the former jawan was suffering from epilepsy at the time of recruitment. Since the illness surfaced during the course of service, the benefit of doubt could not be denied to the serviceman.
Consequently, the Court upheld the order granting disability pension and directed release of the pending pensionary benefits. The judgment reinforces the welfare-oriented approach adopted by courts in matters involving armed forces personnel who suffer disabilities during service.
The ruling is significant because disability pension disputes frequently arise where authorities seek to distinguish between service-related and non-service-related illnesses. Courts have consistently emphasized that service personnel should not be deprived of benefits where medical conditions arise during active service and there is no evidence of pre-existing disease.
The decision serves as a reminder that members of the armed forces and paramilitary forces are entitled to fair treatment in matters relating to disability benefits, particularly where their health deteriorates while serving the nation.
Disclaimer: This article is based on publicly reported court proceedings and is intended solely for informational and educational purposes.
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