The Delhi High Court recently reaffirmed the importance of disability pensions for soldiers who endure the physical and mental toll of military service. The Court upheld the Armed Forces Tribunal’s decision to grant disability pensions to two soldiers, emphasizing that service-related health issues cannot be disregarded.
A bench comprising Justice C Hari Shankar and Justice Ajay Digpaul noted that soldiers face extreme conditions in the line of duty, which often lead to serious health issues. The Court remarked that while citizens enjoy the comforts of everyday life, soldiers put themselves in harm’s way, making it imperative for the nation to support them in times of need.
The ruling came in response to two appeals filed by the Union of India challenging the Armed Forces Tribunal’s decision to grant disability pensions. One case involved Gawas Anil Madso, a soldier diagnosed with Diabetes Mellitus Type II after 34 years of service. The Court found that the military authorities failed to justify why his condition was not attributed to service-related stress. Similarly, in the case of Amin Chand, who developed Peripheral Arterial Occlusive Disease before retirement, the Court rejected the denial of his disability pension, criticizing the vague medical assessment provided.
The Court reiterated that military authorities must provide clear reasoning when denying disability pensions and cannot shift the burden of proof onto the soldiers. Dismissing the Centre’s appeal, the Court upheld the Armed Forces Tribunal’s decision, ensuring rightful financial support for the affected soldiers.
Panel Counsel Jivesh Kumar Tiwari and Advocate Samiksha represented the Union of India, while Advocate US Maurya appeared for the soldiers.
