Summary: The Bombay High Court has dismissed several appeals from the Indian government that challenged the disability payments given to retired military members by the Armed Forces Tribunal. The court stressed that the tough conditions of military service can worsen health problems, making disability payments necessary.
The Indian government filed several appeals against retired military members who were granted disability payments by the Armed Forces Tribunal in Mumbai. These cases involved health problems like diabetes, high blood pressure, and long-term diseases, which the Tribunal linked to military service.
The main case involved Lt. Col. S.K. Rathore, who was forced to retire early because of health problems made worse by his military service. He served in difficult places like Imphal and Ladakh and took part in operations like Rakshak and Parakram. Despite his service, he was initially denied a disability payment.
"The Tribunal decided that the Diabetes Mellitus at the rate of 20% for life was made worse by the military service."
The government argued that the Medical Board's opinion, which stated that these health problems were lifestyle diseases not related to military service, should be the final word. They claimed that the Tribunal went too far by granting payments.
The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, disagreed with the government's view. They stressed that military service conditions can indeed worsen health problems, supporting the Tribunal's decision.
"The responsibility to prove that the officer is not eligible for a disability payment is on the employer."
The court referred to the Pension Entitlement Rules-2008, which allow for disability payments if the disability is linked to military service. They highlighted the need for a flexible interpretation of these rules to benefit the personnel.
The High Court's decision highlights the importance of considering the tough conditions faced by military members and the potential impact on their health. The ruling ensures that those who served under challenging conditions receive the benefits they deserve.
"Pension is not a reward given at the government's choice."
This judgment confirms the rights of military members to receive due benefits for health issues arising from their service.
