In a significant relief for retired Indian Army Lieutenant Colonel Kala Singh, the Punjab and Haryana High Court has dismissed the Central Government’s petition. The Court upheld the order of the Armed Forces Tribunal (AFT), Chandigarh, which had directed that the officer be granted disability pension benefits by treating his disability as 50% (upgraded from the assessed 30%).
A division bench comprising Justice Harsimran Singh Sethi and Justice Deepak Manchanda clearly stated that if a soldier is found to be completely healthy at the time of recruitment and contracts an illness during service, the illness is presumed to be linked to military service. A soldier cannot be deprived of their statutory rights solely based on a medical board report that lacks cogent reasons. Retired in 2020
According to the case details, Lieutenant Colonel Kala Singh was commissioned into the Indian Army on December 10, 1984. He had undergone a medical examination prior to joining the Army and was found to be in perfect health. He served in the Army for over 36 years and retired on February 29, 2020.
