Soldier's refusal of surgery can't cost him disability pension: Punjab and Haryana high court
A division bench comprising Justice Ashwani Kumar Mishra and Justice Kuldeep Tiwari passed this order while dismissing a petition filed by the central govt, which had challenged a Feb 13, 2023, order of Armed Forces Tribunal (AFT) Chandigarh to grant disability pension to a retired soldier, Havildar Banta Singh.
Counsel for central govt challenged the order on the limited ground that the Release Medical Board (RMB) felt that the disability suffered by the soldier could be cured through a surgical procedure, but he had refused to consent to it.
Once that be so, AFT is not justified in granting relief, the Centre contended.
Opposing the Centre's plea, the former Armyman's counsel informed the court that a circular had been issued on April 16, 2019, by the Director General of Armed Forces Medical Services (DGAFMS), clearly outlining the risk involved in the spinal surgery required. Hence, holding that the ex-Armyman's refusal to undergo such a procedure shouldn't be held against him.
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The counsel also referred to the rules that say, "If the refusal to undergo an operation is reasonable, full disability normally admissible may be granted. Refusal to undergo an operation may be held reasonable when, in the opinion of medical authorities, it is improbable that such an operation would cure the disability or reduce its percentage, or if such an operation may be severe and dangerous to life. Surgeries performed for spinal disorders have the probability to cure the disability.
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After hearing the pleas, HC upheld the AFT order. "Once the competent authority of the Army itself has taken the view that refusal to undergo spine surgery would not be a ground to reduce the percentage of disability, we do not find any good ground for the petitioners to assail the order passed by AFT," observed the judges while disposing of the plea.
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