In a significant ruling on military disability pensions, the Delhi High Court has set aside an earlier order of the Armed Forces Tribunal (AFT) that had granted disability pension to a retired Indian Air Force Sergeant. The High Court has remanded the case back to the Tribunal for a fresh and detailed review, citing inadequate examination of key medical and legal aspects.
The case was heard on July 17, 2025, by a Division Bench comprising Justice C. Hari Shankar and Justice Ajay Digpaul. The court ruled that while the sergeant’s heart condition was congenital in nature, the Tribunal had failed to assess whether the ailment may have been aggravated by military service—an omission that warranted re-examination.
Background of the Case
The petitioner, Sgt. Kamal Kumar, joined the Indian Air Force in December 2000 and was discharged in December 2020 after completing 20 years of service. During his service, he was diagnosed with a congenital bicuspid aortic valve, which later led to moderate aortic stenosis and mild aortic regurgitation.
After being denied disability pension by military authorities, Kumar approached the AFT, which granted him relief on February 1, 2023, citing the Supreme Court’s landmark decision in Dharamvir Singh v. Union of India, a judgment that has often been relied upon to extend disability pension benefits to armed forces personnel.
Union’s Challenge and High Court’s Observations
The Union of India challenged the Tribunal’s decision, contending that congenital conditions are not attributable to military service. Represented by CGSC Premtosh K. Mishra along with advocates Sarthak Anand and Prarabdh Tiwari, the Union emphasized that the medical diagnosis predated the Sergeant’s military tenure and thus disqualified him from receiving such benefits.
Advocate Raj Kumar, appearing for Kumar, argued that while the condition may have been congenital, its worsening during two decades of active service suggested clear aggravation attributable to military duties—an aspect central to claims for disability pension.
The High Court agreed that congenital conditions do not automatically negate eligibility for disability benefits. Justice C. Hari Shankar pointed out that the Tribunal had overlooked the possibility of aggravation and had not assessed whether later complications were service-related. The Court emphasized the need for a thorough re-evaluation of the medical evidence and legal principles involved.
Next Steps and Legal Implications
The High Court quashed the AFT’s February 2023 order and directed the Tribunal to conduct a fresh hearing, now scheduled for August 12, 2025. It also urged the Tribunal to dispose of the matter expeditiously in light of its importance to the rights of military veterans.
Legal experts say the ruling reinforces the principle that personnel with congenital conditions are not automatically excluded from disability benefits if service-related aggravation can be established. The case sets an important precedent for how the AFT must approach medical-pension disputes, especially where service-linked aggravation is in question.
