Now Reading: High-altitude acclimatisation is duty, injury during it qualifies for pension: MP HC
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High-altitude acclimatisation is duty, injury during it qualifies for pension: MP HC
High-altitude acclimatisation is duty, injury during it qualifies for pension: MP HC
The Madhya Pradesh High Court has upheld a soldier's disability pension, ruling that acclimatisation at high altitude is part of military duty, so any injury suffered during that period is attributable to…
The Madhya Pradesh High Court has upheld a soldier's disability pension, ruling that acclimatisation at high altitude is part of military duty, so any injury suffered during that period is attributable to service. The division bench of Acting Chief Justice Vivek Rusia and Justice Anand Pathak dismissed the Union government's appeal against an Armed Forces Tribunal order.
Soldier Ram Prasad Rathore, enrolled in 2002, fell from a double bunker bed while acclimatising in Leh on March 11, 2018, sustaining severe back injuries. He was later placed in a permanent low medical category with 20% disability and discharged in 2019 after 17 years of service. The government argued the injury was not service-related as Rathore did not report the fall immediately.
The court noted medical reports confirmed the fall occurred during acclimatisation at a high-altitude location. It ruled the government failed to prove the disability stemmed from any other cause, making the injury attributable to service. The court dismissed the government's petition, affirming the tribunal's order granting 20% disability pension, rounded to 50% for life.
Indian Opinion Analysis
Under the Pension Regulations for the Army, 2008, disability pension eligibility hinges on whether an injury is attributable to or aggravated by military service, placing the burden of proof on the soldier. The court's clarification that mandatory acclimatisation at high altitude counts as duty narrows the government's ability to dispute such claims, as soldiers are not on personal activity during that period. This ruling aligns with earlier Supreme Court precedents that have interpreted service conditions liberally for personnel in extreme postings. The key takeaway for the army is that similar injury claims from Leh and other forward locations will likely succeed unless the government can show clear evidence of non-service-related cause. The tribunal's decision, now settled, sets a benchmark for pending disability pension cases involving high-altitude injuries.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
