4 min readNew DelhiJun 1, 2026 04:54 PM ISTThe court found no infirmity in the findings recorded by the AFT with regard to attributability of the disability. (Ai-generated image)The Jammu and Kashmir and Ladakh High Court has upheld the Armed Forces Tribunal’s order granting disability pension to a former Army soldier who had developed an eye condition after 14 years of service, noting that the Army authorities had wrongly denied linking his disability to military service.A bench of Justices Sindhu Sharma and Shahzad Azeem observed that the Medical Review Board had already recorded that the disability arose during service and the later decision denying a link to military service was not properly reasoned and was unconvincing.“It is not in dispute that the respondent developed the disability during service after more than 14 years of enrolment. On the contrary, the initial medical board had recorded that the disability was contracted during service and was not within the control of the respondent. The subsequent denial of attributability lacks adequate reasoning and does not inspire confidence,” the May 30 order noted. Justices Sindhu Sharma and Shahzad Azeem upheld AFT’s order in favour of a former Army Soldier.‘Respondent developed eye condition’The respondent had joined the Indian Army on July 23, 1977, and during his service, he developed an eye condition called Hypermetropic Amblyopia (Right Eye), which was detected in 1991 while he was posted in Namkum.He was placed in low medical category ‘CEE’ (Temporary) with effect from December 11, 1991, and later downgraded to permanent low medical category ‘CEE’. The initial medical board recorded that the disability was contracted during service and not within the control of the respondent. Owing to his permanent low medical category, the respondent was discharged from service on December 31, 1993, under the Rules of the Army Rules, 1954.He was granted service pension with effect from January 1, 1994.However, the Release Medical Board assessed his disability at 15-19 per cent for two years and opined that it was neither attributable to nor aggravated by military service (NANA).Consequently, his claim for disability pension was rejected by the Principal Controller of Defence Accounts (Pension) PCDA (P), Allahabad, on December 13, 1994, and his first appeal was also rejected on November 1, 1996. Subsequently, after obtaining relevant documents through RTI, the respondent submitted a demand notice, which was rejected on December 28, 2018.He then filed an original application before the Armed Forces Tribunal, which was disposed of on March 27, 2019, with directions to conduct a Review Medical Board (RSMB). The RSMB, conducted on February 22, 2020, assessed the respondent’s disability at 20 per cent for life. Despite the reassessment, the PCDA (P), Allahabad again rejected his claim on September 29, 2021, on the ground that the disability was not attributable to or aggravated by military service. The respondent challenged it before AFT and on May 29, 2023, his application was allowed, and he was granted relief.The Army authorities challenged the AFT’s order, stating that under DGAFMS policy dated May 14, 2020, the intervening period was to be covered under the previous medical board; and the respondent was not entitled to disability element of disability pension. Also Read | Delhi High Court orders SBI to review promotion policy over visual impairment discrimination biasKey questions before AFTThe tribunal considered the case on the following framed questions and decided in favour of the respondent.A) Whether the Principal Controller of Defence Accounts (Pensions), Allahabad has authority to overrule the opinion of RSMB concerning the disability?B) Whether the applicant is entitled to the benefit of rounding off the disability element of disability pension?The Tribunal found that the Review Medical Board’s reason for denying disability pension to the respondent was cryptic, unconvincing and incomplete, as the respondent had joined the Army in 1977 and had developed eye disability in 1991, after his 14 years of service.Reiterating a Supreme Court precedent, the tribunal noted that the burden of proof lies with the employee to establish non-entitlement of the person for disability pension. ‘Pension denied lacks adequate reasoning’The Jammu and Kashmir and Ladakh High Court observed that the later conclusion denying pension, despite the reassessment by the RMB, lacked adequate reasoning and did not inspire confidence. Rejecting the Army authorities’ challenge to the Tribunal’s order in the respondent’s favour, the Jammu and Kashmir and Ladakh High Court upheld AFT’s finding that there was no error concerning the attributability of the disability.© IE Online Media Services Pvt LtdSomya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More AdvertisementLoading Recommendations...AdvertisementLive BlogJEE Advanced 2026 Result Live Updates: AIR 2 missed rank 1 by 1 mark, family says success isn’t about numbers5 minutes agoMamata Banerjee Address Live Updates: ‘Police Raj is going on’, says Mamata9 minutes agoAP EAMCET 2026 Results Date, Time Live Updates: Results delayed, fresh dates awaited11 minutes agoUS Iran Israel War News Live Updates: Iran claims strike on ‘US base’ in Sirik Island as Kuwait reports interceptions36 minutes ago‘Not seeking concession, just became mother’, says Vinesh Phogat as Supreme Court clears her for Asian Games trials5 hours ago