Thursday30 January 2025
toshkent24.com

The Astana Administrative Court upheld the lawsuit filed by a surgeon.

The Ministry of Defense's Pension Provision Center denied monetary benefits to a surgeon who was deemed partially fit for military service, according to Bizmedia.kz.
Судебная коллегия по административным делам Астаны одобрила заявление хирурга.

The plaintiff served as a surgeon in a military college. In October 2021, during sports events at the college, he sustained an injury; however, an official investigation concluded that the plaintiff was injured due to his own negligence in failing to follow safety protocols.

In March 2023, he was discharged from military service to the reserves based on the commission's findings, which deemed him partially unfit for military duty.

The plaintiff submitted documents to the Ministry of Defense's Pension Provision Center to request a monetary payment related to his discharge due to health issues stemming from the injury incurred while performing his official duties.

The Center denied the monetary payment, citing the official investigation's conclusion that the injury was a result of the plaintiff's own carelessness and disregard for safety measures. The plaintiff contested this denial in court.

The Administrative Court of Astana ruled in favor of the plaintiff, concluding that there was a causal relationship between the injury sustained and the discharge from military service: the injury occurred while he was fulfilling his official duties.

The judicial panel on administrative cases of the Astana City Court agreed with the first instance's conclusions and upheld the decision. The court's rulings came into legal force.