The Delhi High Court has reinforced the obligation to support soldiers who suffer disabilities due to service conditions, rejecting an appeal against orders that granted disability pensions to two army personnel. Justice C Hari Shankar, alongside Justice Ajay Digpaul, emphasized the stark contrast between the comforts of civilian life and the harsh realities faced by soldiers on duty.
Drawing inspiration from John F. Kennedy’s iconic address, the court highlighted the disparity between the cozy settings in which civilians enjoy their cappuccinos and the extreme conditions soldiers endure at the borders. “While we sip our hot cappuccinos by the fireplace, soldiers are braving icy winds at the border, willing to lay down their lives at a moment’s notice,” Justice Shankar recited, underlining the sacrifice inherent in military service.
The case involved two army officers: one from the Defence Security Corps suffering from peripheral arterial occlusive disease and another former officer diagnosed with diabetes mellitus Type II after being discharged in 2015. Both conditions developed during their service, prompting the Armed Forces Tribunal to award them disability pensions, a decision contested by the Centre.
The Centre’s argument hinged on the officers’ “peace postings,” claiming their health conditions were not exacerbated by their service. However, the court dismissed this claim, pointing out the complexities of military life where even non-combat roles can involve stress and adversity capable of triggering or worsening health issues.
Justice Shankar elaborated on the physiological toll of military service, stating, “The human body, made of skin and bones, cannot always keep pace with the spirit,” advocating for the necessity of disability pensions to provide financial stability to those incapacitated by service-related ailments.
The bench also criticized the simplistic rationale of peace postings as a basis for denying pension claims, insisting that the burden of proof lies with the military’s medical boards to definitively demonstrate that such conditions are unrelated to service duties.
