Here's the scoop on a recent court decision about military disability pensions. The Bombay High Court has been handling several requests about disability pensions for military personnel. Let's dive into one of the key cases: Lt. Colonel S.K. Rathore.
Lt. Colonel S.K. Rathore served in the Army for over 23 years and was diagnosed with diabetes and high blood pressure. His health issues were linked to his tough service conditions in places like Imphal and Ladakh. Despite these challenges, the military initially denied his disability pension, saying his conditions were "constitutional" and not related to his service.
"His health was affected due to continued difficult service conditions as an Infantry Officer."
The court looked into whether military service contributed to Rathore's health problems. The Armed Forces Tribunal had previously granted him a disability pension, but this decision was challenged by the government. The court had to decide if the Tribunal was right in granting the pension.
The government argued that the Medical Board's opinion, which didn't connect Rathore's conditions to his service, should be final. However, the court emphasized that the Tribunal had the right to review such opinions, especially when service conditions clearly made health issues worse.
"The decision of the Invaliding Medical Board must be based on the consideration of other circumstances such as service conditions."
The court's decision supports the idea that military personnel who suffer health issues due to service conditions deserve disability pensions. This ruling not only helps Lt. Col. Rathore's widow but also sets an example for other military personnel facing similar battles.
This case highlights the importance of fair assessment and recognition of the sacrifices made by military personnel. The court's ruling ensures that their health struggles, made worse by service, are justly compensated.
