In an important decision, the Bombay High Court dismissed several requests from the Indian government that challenged the Armed Forces Tribunal's orders to give disability pensions to former military personnel. This judgment, made by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad on January 23, 2026, highlights the need to recognize health problems related to military service.
The case involved multiple requests where the Indian government disagreed with the Armed Forces Tribunal's decision to give disability pensions to former military personnel. These individuals had been diagnosed with various health conditions, such as diabetes and high blood pressure, which they claimed were made worse by their military service.
One important case was that of Lt. Colonel S.K. Rathore, who was forced to retire early due to diabetes that was worsened by military service. He served in tough conditions in places like Imphal and Ladakh and took part in operations Rakshak and Parakram. Despite his service, the military board initially denied his disability pension, saying his condition was natural and not related to his service.
"The Tribunal decided that the Diabetes Mellitus at the rate of 20% for life was worsened by the military service."
The Indian government argued that the decisions of the Medical Boards, which are made up of trained medical experts, should be final. They claimed that many conditions were related to lifestyle and not necessarily linked to military service.
The High Court disagreed with these arguments, stating that the Tribunal has the power to review the Medical Board's findings. The judgment pointed out that military personnel are assumed to be healthy when they join, and any health problems that arise are assumed to be related to service unless proven otherwise.
This decision highlights the importance of interpreting pension rules in a way that benefits those who served the nation. The court emphasized that the right to a pension is important and should not be unfairly denied.
The Bombay High Court's decision is a win for former military personnel seeking recognition and compensation for health issues related to their service. It sets an example for future cases, ensuring that the sacrifices of military personnel are acknowledged and compensated fairly.
