Lucknow: In a significant ruling, the Armed Forces Tribunal, Lucknow Bench, has ordered the Indian Army to grant 75% disability pension to Brijmohan Pal, a former soldier and resident of Bhojpur, Bihar, who was discharged from service without being awarded the medical pension he was entitled to.
Pal was initially recruited into the Territorial Army on August 9, 1994, and served for 23 years with distinction. He actively participated in major operations including Operation Rakshak and Operation Vijay, earning multiple medals such as the Special Service Medal with Clasp, Sainya Seva Medal, Nine-Year Long Service Medal, and the Territorial Army Medal for his exemplary bravery and dedication.
After being discharged on August 31, 2014, Pal was re-enlisted into the Defence Security Corps on January 28, 2015. However, within two months—on March 31, 2015—he was medically discharged due to primary hypertension and depression, with a recorded 58% disability, but without being granted any disability pension.
Frustrated with the Ministry of Defence’s decision, Pal filed several appeals, all of which were rejected on June 5, 2021, November 19, 2022, April 13, 2022, and April 13, 2023.
In 2024, Pal filed a fresh petition in the Armed Forces Tribunal, Lucknow, through his legal counsel Advocate Vijay Kumar Pandey. After a detailed hearing, a division bench comprising Justice Anil Kumar Jain and Vice Admiral Atul Kumar Jain ruled in his favor.
The bench observed that the petitioner had served the military for nearly 25 years and that his illness emerged during service. They emphasized that it was the Army’s responsibility to prove that the disability was not service-related, which it failed to do.
Advocate Pandey argued convincingly that Pal had passed his initial medical examination without any adverse remarks, served a long tenure, and that the illness was neither hereditary nor pre-existing—strong indicators that the condition was service-connected.
Agreeing with this line of reasoning, the tribunal ordered the Ministry of Defence to grant 75% disability pension to Brijmohan Pal and instructed that the arrears be cleared within four months. In case of delay, the government has been directed to pay an 8% interest on the outstanding amount.
The verdict marks a notable moment in ensuring justice for armed forces personnel suffering from service-related ailments and underscores the importance of institutional accountability in welfare matters.
