Quick Summary: The Bombay High Court supported disability pensions for several military personnel, even though the Armed Forces Medical Board disagreed. The court stressed how military work conditions can worsen health problems.
The case involved several legal challenges by the Union of India against military personnel from the Army and Navy. These individuals were initially given disability pensions by the Armed Forces Tribunal in Mumbai. The Union of India argued against these decisions, claiming that the disabilities were not caused or made worse by military service.
Lt. Col. S.K. Rathore's case was a key focus. He served over 23 years in tough conditions, including missions in Imphal, Ladakh, and during Operation Parakram. Diagnosed with diabetes and high blood pressure, he was denied a disability pension after he retired early in 2003. The Tribunal later decided that his health issues were made worse by his service, granting him a disability pension. Sadly, he passed away in 2014 before the decision was finalized.
"The disability found in him on 1st July 2002 was worsened by his ongoing service as an Infantry Officer and his deployment in Operation Parakram."
Ex-Havildar Chandrakant Pote: Diagnosed with Chronic Myeloid Leukemia and high blood pressure, he was denied a pension as these were deemed unrelated to his service.
Col. Gulab Yasin Tamboli: Diagnosed with Type II Diabetes while at a non-combat station, his claim for a disability pension was rejected.
Col. Mukesh Trehan: Suffered from high blood pressure and obesity, but his conditions were not considered related to his service.
The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, ruled on January 23, 2026, that the Tribunal's decision to grant disability pensions was correct. They emphasized:
Service Conditions: Health issues could be worsened by difficult service conditions, justifying pensions.
Medical Board's Role: The court noted that the Medical Board's findings are not final and can be reviewed.
"The decision of the Invaliding Medical Board must consider other factors such as service conditions."
The court dismissed the Union of India's petitions, confirming that military service can worsen health conditions, thus justifying disability pensions.
