In a significant ruling reinforcing the rights of armed forces personnel, the Delhi High Court has held that disability pension cannot be denied solely on the ground that the ailment arose while a soldier was posted at a peace station. The court described such denial as “unacceptable” and “disheartening,” underlining the continuous physical and mental stress experienced by soldiers irrespective of their posting location.
A division bench of Justices Navin Chawla and Renu Bhatnagar delivered the verdict while dismissing nearly 300 petitions filed by the Union government challenging Armed Forces Tribunal (AFT) orders that had allowed disability pension for soldiers suffering from ailments such as primary hypertension and ischaemic heart disease (IHD).
The government, represented by Attorney General R. Venkataramani, argued that since the diseases were diagnosed during non-field postings, they could not be considered attributable to or aggravated by military service. However, the bench categorically rejected this contention.
“Disability pension cannot be denied solely on the ground that the onset of the disability occurred while the personnel were posted at peace stations,” the court ruled. “This overlooks the continuous physical and mental stress faced by soldiers, regardless of their location. Such denial not only undermines their service towards the nation, but also fails to acknowledge the effect of their demanding careers.”
The court also criticised the approach taken by the Review Medical Boards (RMB), which had cited the location of disease detection — a peace station — as a reason to deny pension. The judges said that the RMBs failed to provide cogent reasons or examine the soldiers’ service history, medical records, and family backgrounds before drawing conclusions about non-attributability.
Highlighting the rigorous nature of military service, the court observed that soldiers serve in extreme, inhuman conditions — whether in hostile terrain, challenging weather, or isolated areas — which can have a cumulative toll on their health.
“It is the bounden duty of the RMB to assign cogent and well-reasoned justification for concluding that the disability is not attributable to or aggravated by service,” the judgment stated, adding that superficial assessments without deeper analysis of service-related stress are inadequate.
Crucially, the bench reiterated that disability pension is not an act of state generosity, but a rightful entitlement for soldiers who suffer disabilities in the line of duty.
“Disability pension is a rightful and just acknowledgement of the sacrifices endured by them,” the court said. “It is a measure that upholds the State’s responsibility towards its soldiers, who have served the nation with courage and devotion.”
The court’s 85-page ruling is expected to have a wide impact, particularly in cases where armed forces personnel develop stress-related illnesses or chronic conditions during postings at peace stations.
By dismissing the Centre’s petitions and reaffirming the AFT’s orders, the High Court has set a strong precedent in favour of service members, ensuring their hardships are not diminished by technicalities of geography or posting.
