HIV+ status no ground for disability pension: AFT

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HIV+ status no ground for disability pension: AFT

Ajay Sura, TNN, Dec 1, 2010

CHANDIGARH: Rejecting the plea of an Army personnel infected with HIV,

Chandigarh bench of Armed Forces Tribunal (AFT) has held that the soldier cannot

claim disability pension because the virus is neither attributable to nor

aggravated by military service. While passing the orders, the bench has relied

on the opinion of the medical board that conducted the medical examination of

the personnel.

A division bench comprising judicial member Justice Ghanshyam Prasad and

administrative member Lt Gen NS Brar passed the order while rejecting a petition

by Havildar Raj Kumar, who joined the Army in September 1985 and was discharged

on August 27, 2002, on medical grounds — of HIV infection with disseminated

tuberculosis (TB).

In order to get disability pension in addition to the service pension, Kumar

contended that since he was fit when he joined the Army and that HIV infection

was attributable to military service. He also argued that he got the virus after

suffering from TB.

" Since TB was attributable to military service, HIV should also be considered in

the same light, hence I am entitled for disability pension " he pleaded.

Contesting the plea, the Union government counsel Captain Sandeep Bansal

submitted that as per the medical board, the petitioner was admitted in the

military hospital on November 17, 2001.

http://timesofindia.indiatimes.com/city/chandigarh/HIV-status-no-ground-for-disa\

bility-pension-AFT/articleshow/7019085.cms