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The Delhi High Court has directed the release of disablement pension to a retired Army Nursing Officer, mounting speech an bid of the Armed Forces Tribunal (AFT) that had rejected her assertion connected the crushed that her hypertension was attributable to obesity.
A Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla observed that the Tribunal was “not justified successful drawing, of itself, a causal transportation betwixt the hypertension and the obesity signifier which the petitioner was suffering”.
“It is good known that each obese idiosyncratic does not endure from hypertension, and each idiosyncratic who suffers from hypertension is not needfully obese,” the Bench said successful its September 26 order.
The petitioner, Ms. Dropadi Tripathi, who joined the Army successful November 1969 and retired successful July 2006 aft implicit 36 years of service, was released connected debased aesculapian category. A Release Medical Board had recorded that she was suffering from obesity with disablement assessed astatine 1–5% and hypertension assessed astatine 30%.
Following her retirement, Ms Tripathi applied for disablement pension, which was denied. She past approached the AFT successful 2018. The Tribunal, however, dismissed her plea, noting that she was antecedently recovered to beryllium suffering from obesity and hypertension and that she had been advised to trim her value but, alternatively of doing so, her value had increased.
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The Centre’s counsel submitted that the petitioner’s value was 84 kg which was grossly implicit the prescribed value of 52 kg.
The Court, however, directed the Centre to merchandise disablement pension to Ms Tripathi from the day of her merchandise from service, on with arrears, wrong 12 weeks.
