Injury During Acclimatization at High Altitude Recognized as Attributable to Military Service, Validating Entitlement to Disability Pension
In a significant judgment, the Madhya Pradesh High Court at Jabalpur has upheld the decision of the Armed Forces Tribunal (AFT) granting disability pension to Ram Prasad Rathore, a former Indian Army personnel, who sustained injuries during service. The bench comprising Mr. Vivek Rusia, A.C.J., and Anand Pathak, J., dismissed the writ petition filed by the Union of India challenging the AFT's order.
The case centered around Rathore, who was enrolled in the Indian Army in 2002 and served until 2019, when he was discharged due to a medical condition classified as Permanent Low Medical Category "P3(Permanent)." Rathore's injury occurred during an acclimatization period at a high-altitude location in Leh, Jammu & Kashmir, when he fell from a double bunker bed, resulting in a severe back injury.
The AFT, in its order dated 26.09.2024, recognized the injury as attributable to military service, in accordance with the Entitlement Rules, 1982, and relevant case laws. The tribunal granted Rathore a disability pension of 20%, rounded off to 50% for life, a decision that the Union of India contested.
The Union of India's primary argument was that Rathore's injury did not occur during active service, as he was in an acclimatization phase and did not immediately report the incident. However, the High Court found that acclimatization is integral to military duty in high-altitude areas. Citing precedents from the Supreme Court, including the cases of Dharamvir Singh v. Union of India and Union of India v. Rajbir Singh, the court emphasized that injuries sustained during service-related activities must be presumed to be attributable to or aggravated by military service unless proven otherwise.
The court noted that the injury was documented in medical reports and part proceedings, and the Union of India failed to provide evidence that the injury was due to any other cause. Additionally, the court referenced the Army Pension Regulations, highlighting that personnel discharged due to permanent medical disability are deemed medically invalided, thus eligible for disability pension.
The judgment reinforces the principle that injuries sustained during service-related duties, including acclimatization, are presumed to be connected to military service, ensuring rightful entitlements for affected personnel.
Bottom Line :
Armed Forces Tribunal's decision granting disability pension upheld - Injury during acclimatization at high altitude area considered attributable to military service as per Entitlement Rules, 1982 and relevant case laws.
Statutory provision(s): Entitlement Rules, 1982, Pension Regulations for the Army, Part I 2008, Article 226 of the Constitution of India
Union of India v. Ram Prasad Rathore, (Madhya Pradesh)(DB)(Jabalpur) : Law Finder Doc id # 2966504
