In a significant ruling, the Delhi High Court has dismissed over 200 petitions filed by the Ministry of Defence (MoD) challenging orders of the Armed Forces Tribunal (AFT), which had granted disability pension to several defence personnel. The Court ruled that disability pension is not an act of benevolence but a rightful entitlement in recognition of the sacrifices made by military personnel.
A division bench comprising Justices Navin Chawla and Shalinder Kaur held that the denial of disability pension on the grounds that the ailment occurred during a peace posting, or that it was a lifestyle disease such as hypertension or Diabetes Mellitus Type II, is legally unsustainable.
The bench noted that military service, irrespective of location, involves persistent physical and psychological stress due to strict discipline, long working hours, absence from family, and the ever-present threat of deployment or combat. “Even in peace stations, soldiers endure a level of strain that significantly impacts their physical and mental well-being,” the Court said in its 85-page common judgment delivered on July 1.
The Court emphasized that the Release Medical Board (RMB) cannot mechanically opine that diseases are neither attributable to nor aggravated by military service without furnishing a cogent and reasoned analysis based on individual service records and medical history. “A vague and stereotyped approach by the RMB does not discharge the burden placed upon it,” the Court observed.
The MoD had argued that the personnel in question were ineligible for disability pension as their ailments developed during peace postings and were deemed non-service-related by the RMB. However, the High Court rejected this contention, observing that many of these personnel had earlier served in hostile or field areas, and their later diagnoses could not be viewed in isolation from their overall military service.
“It is disheartening that members of our armed forces are being denied disability pension solely on the ground of location of service at the time of onset,” the Court said. It further clarified that branding a disease as a lifestyle disorder without case-specific evidence cannot justify denying pension benefits.
Calling disability pension a measure that upholds the State’s responsibility towards its soldiers, the Court underlined that military service—whether in operational zones or peace areas—carries inherent stress that can precipitate chronic health conditions. Accordingly, it directed that a more rational and individualized assessment must be undertaken in each case.
The ruling is likely to impact several similar pending matters involving defence personnel seeking rightful compensation for service-related disabilities.
