The Delhi High Court recently ruled in favor of two soldiers, granting them disability pensions.

A Bench of Justice C Hari Shankar and Justice Ajay Digpaul emphasized that disease and disability are risks that come with military service.

“The bravest of soldiers may develop health issues due to the tough conditions they serve in. The least the nation can do is provide them with financial support and comfort,” the Court noted.

The Court explained that disability pensions exist to support soldiers who develop health problems due to their service. While no compensation can truly match their sacrifices, it questioned whether their selfless service could ever be fully repaid.

The case involved two appeals filed by the Union of India against the Armed Forces Tribunal’s (AFT) decision to grant disability pensions.

Gawas Anil Madso joined the army in 1985 and was discharged in 2015 after being diagnosed with Diabetes Mellitus (DM) Type II. A Release Medical Board (RMB) assessed his disability at 20 percent for life but denied him disability pension.

The Court overturned this decision, stating that military authorities must prove that a disease is not linked to service before denying a pension.

“Diabetes can be caused or worsened by stressful conditions. The fact that it developed during a peace posting does not mean it wasn’t related to service,” the Court observed. It upheld the AFT’s decision to grant him disability pension.

Amin Chand joined the army in 2005 and was set to retire in 2020. Before retirement, he was diagnosed with Peripheral Arterial Occlusive Disease in his right lower limb and was assessed with a 20 percent disability. He was denied disability pension, leading him to seek relief from the AFT, which ruled in his favor.

On March 27, the High Court dismissed the Centre’s appeal against this ruling, criticizing the RMB’s report for lacking proper reasoning.

“A report that simply states a disease is not linked to service without explanation is not enough to deny disability pension,” the Court held.

Panel Counsel Jivesh Kumar Tiwari and advocate Samiksha represented the Union of India, while advocate US Maurya appeared for the soldiers.

This judgment reinforces the importance of supporting soldiers who develop health issues due to their service.