AFT calls MoD reasoning in denying disability pension in hypertension case ‘cryptic and inconvincing'

Time of India

11 hours ago

Chandigarh: The Armed Forces Tribunal (AFT) questioned the justification given by the ministry of defence (MoD) for denying disability pension to a former
Indian Air Force
officer diagnosed with hypertension and diabetes, by dismissing it as a mere "lifestyle disease."
The tribunal described the reasoning as "cryptic and unconvincing."
In this case, the MoD denied disability pension on the grounds that the officer's condition was the result of personal lifestyle choices rather than military service. A disability pension offers a slightly higher payout than the standard pension.
The division bench, comprising Justice Anil Kumar, judicial member, and Vice Admiral Atul Kumar Jain, administrative member of the Lucknow bench of the AFT, passed these orders while hearing an application filed by Wing Commander Anik K Nair (Retd).
The applicant initially joined as a soldier in 1986 but later commissioned in the IAF on Dec 18, 1999, and retired on April 30, 2020, in low medical category on attaining the age of superannuation.
Before retirement from service, the Release Medical Board (RMB) held at 32-Wing Air Force Jodhpur on Oct 5, 2019, assessed his disabilities for hypertension and diabetes at 50% for life and opined the disabilities to be neither attributable to nor aggravated by service.
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His claim for the grant of the disability element was rejected on May 20, 2020. So, were his appeals.
In his plea before AFT, the applicant submitted that the diseases were contracted during service, hence they are attributable to and aggravated by Air Force service. The military authorities, however, submitted that dietary indiscretion, lack of exercise, and a sedentary lifestyle are responsible for the development of such diseases.
Considering the facts and circumstances of the case, the AFT bench held that the reasoning of the RMB for denying the disability element of the disability pension to the applicant is "cryptic, not convincing and doesn't reflect the complete truth on the matter".
"The impugned orders, rejecting the applicant's claim for the grant of the disability element of disability pension, are set aside. The disease of hypertension and diabetes of the applicant is held as aggravated by Air Force service. The applicant is entitled to get disability at the rate of 50% for life from the next date of his retirement," the AFT held in its recently released order.
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