Patiala man gets pension 30 years after getting boarded out of army

CHANDIGARH: Three decades after he was medically boarded out, a disabled soldier has finally got justice. In a decision largely supportive of disabled soldiers released from the Army without pension, the Chandigarh Bench of the Armed Forces Tribunal (AFT) comprising Justice MS Chauhan and Lt Gen Munish Sibal has ruled that disability sustained when a soldier is headed for his unit with an authorised ‘outpass’ (permit to leave the unit) will be ‘attributable to military service’.

This will entitle such personnel to disability pension.

The decision came on July 27 on a petition filed by a soldier, Jit Singh, a Patiala resident, who was invalided out of the army in 1989 without any pension after he was hit by a truck and injured while returning to his unit in Ambala. He was carrying an authorised permit to leave and enter the unit.

Though the driver of the truck was held guilty for rash driving, Jit Singh was denied disability pension on the grounds of the disability not being ‘attributable to military service’ since he was on an outpass when injured.

He was also not granted service pension since he could not complete the qualifying service for regular pension.

In his petition filed in the AFT, Jit referred to rulings of the Supreme Court and high courts granting pension to soldiers injured and disabled while returning from leave.

Agreeing with Jit and granting him disability pension three decades after he was invalided out, the AFT has held that beneficial provisions must be interpreted liberally and it is the duty of courts to iron out the creases so that the situation does not lead to absurd consequences. The soldier’s return to his unit on an authorised permit had a direct link with military service.

Lawyers specialising in defence cases and familiar with the matter say there are many such soldiers suffering because of denial of pension. Government employees not from the forces do not face such problems as the law prohibits the government from discharging them from service in case of any disability sustained.

JIT SINGH OF PATIALA WAS HIT BY A TRUCK AND WAS INJURED WHILE RETURNING TO HIS UNIT IN AMBALA