Summary: The Bombay High Court decided that military personnel should get disability pensions if their health issues are linked to their service. This ruling came after the Armed Forces Tribunal had already granted these pensions.
The Government of India, through the Ministry of Defence, challenged the decisions made by the Armed Forces Tribunal in Mumbai. The Tribunal had granted disability pensions to military personnel from the Army and Navy. These individuals had been diagnosed with various health issues like diabetes, high blood pressure, and other conditions, which they claimed were made worse by their military service.
Lead Case: Lt. Colonel S. K. Rathore was diagnosed with Diabetes Mellitus, which was made worse by his military service. He served in tough locations like Imphal and Ladakh and took part in operations such as Rakshak and Parakram. Despite his service conditions, the Medical Board initially denied his disability pension, saying his condition was natural and not related to service.
Tribunal's Decision: The Tribunal decided that the health conditions were indeed made worse by military service, thus qualifying the personnel for a disability pension.
The Government of India argued that the Medical Board's opinion should be final. They claimed that conditions like diabetes and high blood pressure are lifestyle diseases and not necessarily linked to military service. They also stated that the Pension Entitlement Rules-2008 did not automatically assume a service connection for diseases found after joining the military.
The Court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, rejected the Government's petitions. The judges emphasized that:
The High Court maintained that military personnel should receive disability pensions for conditions linked to their service. This decision highlights the importance of a fair assessment of health issues faced by service members and ensures their rights to post-service benefits.
