Depressed soldier gets army disability pension

The petitioner, K. Shanmugam of Elavampatti village, Vellore district submitted that after completing his Mathematics degree he enrolled in the Indian Army in August 1995. He underwent training at 3 Military Training Regiment, Goa and was posted in counter insurgency operation areas under 15 Corps OP Signal Regiment J and K. Subsequently, he served in various places, including 24 Rashtriya Rifles, 1 Corps OP Signal Regiment at Mathura and 21 Mountain Divisional Signal Regiment Assam.

He served for 13 years and one month. Though the stress and strain of service caused him sick, he had excelled in his work. While availing annual leave, he was hospitalised and admitted in Command Hospital, Bengaluru and treated for “severe depressive episode” for more than two-and-a-half years between 2006 and 2008. Later, he was transferred to Southern Command Hospital, Pune.

The Bench comprising its judicial member, Justice V. Periya Karuppiah and administrative member Lt Gen K. Surendra Nath said that the applicant served in the Army for approximately twelve-and-a-half years before contracting severe depressive episode” on March 31, 2008. The opinion of the medical expert may be relied upon and need not be worshipped.

The applicant should be deemed as affected by the disability “severe depressive episode”, which was only due to stress and strain caused in military service. The applicant should be granted the disability pension from December 2, 2008, the date of his discharge. He is entitled for disability pension at 50 per cent for his disability, the bench added.

The Invaliding Medical Board, which conducted an investigation on November 26, 2008, had recommended that he could be discharged from service. The Army had earlier rejected his plea for disability pension.