The Bombay High Court recently decided in favor of several military personnel regarding disability pensions. This decision came after the Armed Forces Tribunal, Mumbai, had granted these pensions, which the Government of India challenged.
The case involved several legal challenges filed by the Government of India against military personnel from the Army and Navy. These individuals were previously awarded disability pensions by the Armed Forces Tribunal for conditions like diabetes, high blood pressure, and other health issues made worse by military service.
Main Case: Lt. Colonel S.K. Rathore was granted a disability pension for diabetes made worse by military service. Despite serving in tough conditions like Imphal and Ladakh, his initial pension claim was denied. He passed away in 2014 without receiving the pension.
Tribunal's Decision: The Tribunal found that the disabilities were due to service conditions, increasing the disability level to 50% or more for life.
The Government of India, represented by Mr. Amarendra Mishra, argued that the Medical Board's opinion, which initially denied the pensions, should be final. They claimed that diseases like these, detected after service, were not connected to military duties.
"The opinion of the Medical Board is a report by trained medical experts and cannot be reviewed by the Tribunal."
"The rules for pension benefits need to be understood in a way that favors the personnel."
The court's decision supports the rights of military personnel to receive disability pensions for health issues related to their service. It underscores the importance of considering how service conditions affect health, ensuring fair treatment for those who served the country.
