On 23 February 2023, the RA Administrative Court upheld G.L.’s claim by obliging the RA Ministry of Labor and Social Affairs to pay a compensation of AMD 1,447,442 for the damage caused by unlawful administration.
In 2015, during the military service in a combat position, G.L. got a gunshot wound by the adversary. The medical social expert examination commission recognized him as a person with a disability of the 2nd degree in 2016, and a disability of the 3rd degree in 2017. In 2018, as a result of the expert examination, G.L. was not recognized as a person with disabilities and was thus deprived of the military pension and monthly merit pay.
G.L.’s representative HCAV advocate Hayk Hakobyan filed a lawsuit with the RA Administrative Court against Tavush region medical social expert examination commission, claiming to oblige the Commission to recognize G.L. as a person with a disability of the 3rd degree. In 2020, the RA Administrative Court upheld the claim. While the claim was upheld, G.L. did not receive the decision on recognizing his disability of the 3rd degree. Thus, an application was made to the Administrative Court to get a performance paper, and only after that the Compulsory Enforcement Service provided G.L. with the decision on recognizing his disability of the 3rd degree. After receiving the decision, an application was made to the Ministry of Labor and Social Affairs regarding the compensation for the damage caused by unlawful administration. The claim was refused and was then submitted to the Administrative Court.
The judicial case lasted 3 years, during which G.L. was not paid his military pension and monthly merit pay, the total sum of which amounted to AMD 1,447,442. As a result, by the decision of the Administrative Court, the RA Ministry of Labor and Social Affairs was obliged to pay for the whole period. Addressing compensation for the damage caused by unlawful administration, namely, unpaid pension and merit pay, the Court noted that a state governed by the rule of law requires guaranteeing effective remedy, which means that private individuals should have an opportunity to protect themselves against unlawful actions or inaction of the state.
Upholding the claim, the Court made a precedent judgment, according to which the Ministry of Labor and Social Affairs is to pay the plaintiff the disability military pension and merit pay for the time period between terminating the disability degree until its restoration.
Read HCAV’s report on “The situation of the rights of persons who got a disability during their military service”
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