Quick Summary: The Bombay High Court decided in favor of several military veterans, confirming their right to receive disability pensions despite the Union of India's objections. The court emphasized that military service conditions could make disabilities worse, justifying pension benefits.
On January 23, 2026, the Bombay High Court made an important decision about disability pensions for military veterans. The case involved several petitions filed by the Union of India against military members who had been given disability pensions by the Armed Forces Tribunal, Mumbai.
The court explained that disability pensions can be given to military personnel who are forced to leave service because of disabilities caused or worsened by their service. This applies if the disability is rated at 20% or more. The Tribunal had earlier decided that conditions like high blood pressure and diabetes were made worse by military service.
One key case was that of Lt. Colonel S. K. Rathore, who was forced to retire early due to diabetes, which was considered to be worsened by his military service. He served in tough places like Imphal and Ladakh and took part in operations such as Rakshak and Parakram. Even though he passed away in 2014, the court recognized his right to a disability pension.
"The disability found in him was made worse by his continued service conditions as an Infantry Officer," the judgment noted.
The Union of India argued that the Medical Board's opinion should be the final say, claiming that most disabilities were related to lifestyle and not connected to service. They emphasized that the Pension Entitlement Rules-2008 required a direct link to service for disabilities.
The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, disagreed, pointing out that the Tribunal could indeed review the Medical Board's findings. They stressed that the Pension Entitlement Rules should be interpreted in a way that benefits veterans.
The judgment also included other veterans, such as:
Ex-Havildar Chandrakant Pote: Diagnosed with a type of leukemia, the court found his condition unrelated to service, yet acknowledged the complexity of medical evaluations.
Col. Mukesh Trehan: Suffered from high blood pressure and diabetes, with the court recognizing the potential that these were worsened by service.
The court rejected the Union of India's petitions, supporting the Armed Forces Tribunal's decisions to grant disability pensions. This verdict reinforces the idea that military service can worsen health conditions, justifying pension support.
"Pension is not a gift given at the government's discretion," the judgment emphasized, highlighting the rights of veterans to receive due benefits.
This ruling is a major win for veterans, ensuring they receive recognition and support for health problems connected to their service.
