The Supreme Court of India has dismissed a former Army officer’s plea for disability pension arising from a brain stroke, holding that the condition was not attributable to military service.
A Bench of Justices Aravind Kumar and Prasanna B. Varale noted medical records showing the officer smoked around 10 bidis daily and had hypertension and high cholesterol.
It held that tobacco consumption is a personal habit and cannot be linked to service conditions for pensionary benefits.
Observing that the ischemic stroke in the right MCA territory was neither caused nor aggravated by service, the Court upheld the order of the Armed Forces Tribunal denying disability pension.
[Sarvesh Kumar v. UOI & Ors.]
