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Punjab & Haryana High Court Advocates for Disability Pension to Soldiers with Benefit of Doubt

 

Punjab & Haryana High Court Advocates for Disability Pension to Soldiers with Benefit of Doubt

In a significant judgment, the Punjab and Haryana High Court underscored the principle that disabled soldiers should receive the benefit of the doubt when determining eligibility for disability pensions. The court emphasized that if a soldier is medically assessed and found unfit for military service due to a disability, it should be presumed that the disability was either caused or aggravated by military service, unless there is substantial evidence to the contrary.

This ruling arose from a case involving a soldier who was denied a disability pension on the grounds that his condition was neither attributable to nor aggravated by military service. The court criticized this decision, highlighting that the authorities had not provided sufficient evidence to support their conclusion. The judgment stressed that in situations where the origin of a disability is ambiguous, the presumption should favor the soldier, acknowledging the unique challenges and risks associated with military duties.

The court's decision aligns with the principles established by the Supreme Court of India, which has consistently advocated for a liberal and beneficial approach toward granting disability pensions to soldiers. The High Court reiterated that the burden of proof lies with the military authorities to demonstrate that a disability is neither attributable to nor aggravated by service. In the absence of such evidence, the benefit of the doubt should be extended to the soldier.

This judgment has significant implications for the welfare of armed forces personnel. It reinforces the notion that soldiers, who dedicate their lives to national service, should not be deprived of benefits due to procedural technicalities or lack of conclusive evidence regarding the origins of their disabilities. The court's stance promotes a more compassionate and just approach, ensuring that soldiers receive the support they deserve.

Furthermore, the ruling serves as a directive to military authorities to handle disability pension claims with greater sensitivity and fairness. It calls for a thorough and unbiased assessment of each case, ensuring that decisions are made based on substantial evidence rather than presumptions. This approach aims to prevent unjust denial of benefits to deserving soldiers.

The judgment also highlights the importance of adhering to established guidelines and principles when evaluating disability pension claims. It underscores that any deviation from these standards, especially when it results in the denial of rightful benefits to soldiers, is unacceptable. The court's decision thus acts as a reminder to authorities to maintain integrity and fairness in their evaluations.

In conclusion, the Punjab and Haryana High Court's ruling reinforces the principle that in cases of doubt regarding the origin of a soldier's disability, the presumption should favor the soldier. This judgment upholds the rights of armed forces personnel, ensuring they receive the benefits they are entitled to, and sets a precedent for fair and compassionate treatment of disability pension claims in the future.


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