The Bombay High Court decided in favor of retired military personnel, granting them disability pensions even though the Military Board disagreed. This case involved various officers, including Commander Birendra Prasad Singh, and was about whether their health problems were related to their military service.
The case was heard in the Bombay High Court. The Indian government, through the Ministry of Defence, filed several petitions against retired military personnel, challenging the Armed Forces Tribunal's decision to give them disability pensions.
The Armed Forces Tribunal in Mumbai had earlier decided that several officers' health problems were made worse by military service conditions. These included issues like diabetes, high blood pressure, and hearing loss. The Tribunal had increased their disability percentages to 50% or more for life.
"The Tribunal held that the disability occurred in the respondent-military personnel due to service conditions or were aggravated by the military service."
The Indian government argued that the Medical Board's opinion, which said these conditions were lifestyle diseases not related to service, should be the final word. They believed the Tribunal should not have the power to change these medical opinions.
The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, rejected the petitions, supporting the Tribunal's decision. They pointed out that the Medical Board's opinions are not the last word and that the Tribunal can look into them.
"This is not correct to say that the Tribunal cannot interfere with the findings of the Invalidating Medical Board."
The judgment makes it clear that military personnel can receive disability pensions if their health problems are linked to service, even if the Medical Board disagrees. It highlights the importance of considering service conditions and the broader effects of military duties on health.
The court's decision emphasizes that military personnel have the right to receive fair compensation for disabilities related to their service. It shows the judiciary's role in making sure that decisions are fair and take all important factors into account.
