Owe disability pension to 'selfless Soldiers: High Court

The Delhi High Court has recently delivered several judgments emphasizing the importance of granting disability pensions to military personnel, acknowledging the unique challenges and risks associated with military service.

Key Judgments:

Holistic Evaluation of Service Conditions: The court upheld the Armed Forces Tribunal’s decision to grant disability pensions to soldiers, emphasizing that the denial of such pensions solely based on ‘peace area’ postings is untenable. It highlighted the need to assess the totality of a soldier’s service conditions and the onset of disabilities comprehensively.
Mandate for Reasoned Orders: In another case, the Delhi High Court ruled that the rejection of disability pension claims must be accompanied by well-reasoned orders. The absence of justification for denying a pension, especially when disabilities arise during service, was deemed arbitrary.
Presumption of Service-Related Disabilities: The court directed the grant of disability pensions to a Coast Guard veteran, emphasizing that disabilities developed during service are presumed to be service-related unless proven otherwise. This presumption holds unless there is evidence of pre-existing conditions unrelated to service.

Government’s Litigation Practices:

The Defence Ministry has faced criticism for persistently challenging rulings that favor ex-servicemen concerning pension and disability benefits. The Delhi High Court has warned the ministry about potential penalties if such appeals continue, expressing concern over the misuse of judicial processes. The Times of India+1SSBCrack+1

These developments underscore the judiciary’s commitment to safeguarding the rights of military personnel, ensuring that their sacrifices are acknowledged, and reinforcing the presumption that service-related disabilities are compensable.

Sources