Chandigarh: The Punjab and Haryana High Court has made it clear that in the absence of a specific mandate in military regulations, a disease developed by a soldier while posted in a peace area must be considered aggravated by or attributable to military service. The HC held that since the relevant regulations do not clearly state that the onset of the disease in a peaceful area cannot lead to further consequences, it is not established that the disease either began because of military service or was made worse by it.
“Due to the absence of an express mandate in the regulations, this court must conclude that even if the disease began in a peaceful area for the respondent (defence ministry), it should still be considered as aggravated by or linked to their military service,” the high court has held.
Division bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma passed these orders while allowing a petition filed by Krishna Nandan Mishra, who has served in Defence Service Corps (DSC) and was denied disability pension for the illness occurred during his service.
