Cannot dismiss blood pressure as a lifestyle disease and deny disability pension to military officer: High court
NEW DELHI: Disability pension to a military officer suffering from blood pressure issues cannot be denied merely by terming primary hypertension a lifestyle disorder, Delhi high court has observed, rejecting the Union govt's challenge to an Armed Forces Tribunal (AFT) order that upheld a retired IAF officer's entitlement.
"It must be noted that lifestyle varies from individual to individual. Hence, a mere statement that the disease is a lifestyle disorder cannot be a sufficient reason to deny the grant of disability pension unless the medical board has duly examined and recorded the particulars relevant to the individual concerned," Justices V Kameswar Rao and Manmeet P S Arora observed.
The officer joined IAF in Oct 1981 and was discharged from service in March 2019. His claim for disability pension was opposed by the Centre, which argued that the officer developed the disability in a peace area and that it was neither attributable to nor aggravated by military service. The court observed that the board failed to explain why hypertension was categorised as a lifestyle disorder. "The medical board must record its reasons and findings while discharging the onus placed upon it," the court said.
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The officer joined IAF in Oct 1981 and was discharged from service in March 2019. His claim for disability pension was opposed by the Centre, which argued that the officer developed the disability in a peace area and that it was neither attributable to nor aggravated by military service. The court observed that the board failed to explain why hypertension was categorised as a lifestyle disorder. "The medical board must record its reasons and findings while discharging the onus placed upon it," the court said.
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