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Directing the authorities to pay a disability pension as well as arrears to a BSF agent released in 2006 for suffering from emotional psychosis, the High Court of Punjab and Haryana ruled that once he was concluded that the illness for which he was disabled was caused only during service, he is entitled to the award of an invalidity pension because the stress and strain that led to the illness should be attributed to the service.
The gendarme is from Jhajjar of Haryana and was registered with the BSF in 1995 in the sport category. From 2002, he showed abnormal and erratic behavior with violent explosions. He would remain alone and also had a tendency for aggressive combat. The medical commission in September 2006 declared him unfit to continue his duties. He said the disability was not directly attributable to conditions of service, but was made worse by stress and tension. In November 2006, he was released.
The authorities rejected her claim for a disability pension in 2014 on the grounds that the disability was not attributable to service. In court, they defended their action, saying the illness was made worse by stress and tension, which was not attributable to the government’s duty of good faith.
Judge Harsimran Singh Sethi, in the March 4 order, said authorities nowhere claimed that he was suffering from the disease at the time of recruitment, adding that once the person, “who was a prominent sportsman “, had been recruited in the service category, it can not be said that he was suffering from the disease, caused by stress and tension, even at the time of recruitment in 1995. The court further stated that even the medical board said the stress and strain of the service made the illness worse.
“Once there is nothing in the file to indicate that the Applicant was unfit at the time of recruitment or suffered from the said disease, it can be considered with certainty that the Applicant suffered from the said disease during his service, because the causes of it were stress and tension and said cause aggravated the disease, â€the judgment read. The court also said that once the authorities themselves said he was in good shape when he was appointed in 1995, no conclusion other than that he developed the disease while on duty due to stress and tension cannot be drawn, adding that the same must be attributed to the service he rendered in the BSF.
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