Armyman died within two months after the Armed Force Tribunal dismissed his plea for Pension in 2015.
Supreme Court has come to the rescue of family of an ex-Armyman who was discharged from service for suffering from schizophrenia but was denied disability pension on ground that his psychiatric disorder was not triggered because of his job.
The Armyman died in 2015. Apex Court Bench comprising of Justice Dipak Misra and Justice R Banumathi expounded that Army personnel were recruited after extensive medical tests and if a soldier developed any mental disorder later, it would be presumed that it was caused because of work.
SC further added that Government could not deny disability pension if someone was discharged due to the stress-related mental disorder.
Apex Court had passed order on plea of the family members of Laxmanram Poonia who was discharged after he was detected to be suffering from ‘acute schizophrenia like psychotic disorder’. He had served in 27 AD Regiment for four years.
Supreme Court enunciated that,”When he was enrolled in Army on September 14, 2005, nothing was recorded in his service record that he was suffering from any disease or disability”.
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- Armed Forces Laws
- Air Force Act,1950
- Armed Forces (Special Powers) Act,1958
- Armed Forces Tribunal Act,2007
- AFT Act (Removal of Difficulties) Order,2008
- AFT( Financial and Administrative Powers)Rules,2008
- AFT(Salaries, Allowances & Conditions of Service of Chairperson and Members)Rules,2009
- Armed Force Tribunal Amendment (Procedure) Rules,2011
- Armed Forces Tribunal (Practice) Rules,2009
- Armed Forces Tribunal (Procedure) Rules,2008
- Army Act,1950
- Assam Rifles Act,2006
- Border Security Force Act,1968
- Cantonments Act,2006
- Cantonment Fund Servants Rules,1937
- Cantonment Property Rules,1925
- Cantonments (Regulation of Procedure of Committees of Arbitration) Rules,1985
- Cantonments form of Annual Report on Cantonment Administration Rules,1986 (PDF File)
- Payment of allowances to Vice-president and elected members Rules,2011 (PDF File)
- Central Industrial Security Force Act,1968
- Commanders-In-Chief (Change in Designation) Act,1955
- Defence of India Act,1962
- Enemy Property Act,1968
- Indo Tibetan Border Police Force Act,1992
- National Security Guard Act,1986
- Navy Act, 1957
- Reserve and Auxiliary Air Forces Act, 1952
- Sashastra Seema Bal Act,2007
- Special Protection Group Act,1988
- Territorial Army Act,1948
- Works of Defence Act,1903