Bombay HC: Union of India's Challenge to Disability Pensions Denied

Quick Summary: The Bombay High Court rejected a number of requests from the Union of India that challenged the Armed Forces Tribunal's decision to give disability pensions to military personnel. The court stressed that the Tribunal has the power to question the Medical Board's decisions, especially when they deny disability pensions.

Background of the Case

The Union of India submitted several requests against decisions made by the Armed Forces Tribunal in Mumbai. These decisions granted disability pensions to military personnel from the Army and Navy, even though the Medical Board had different opinions.

Key Case: Lt. Col. S.K. Rathore

• Timeline and Service: Lt. Col. S.K. Rathore served for over 23 years, including assignments in Imphal, Manipur, Ladakh, and operations like Rakshak and Parakram.
• Medical History: He was diagnosed with Diabetes and High Blood Pressure, which were claimed to be worsened by his military service.
• Tribunal Decision: Even though the Medical Board thought his conditions were natural, the Tribunal granted the pension, noting they were worsened by his service.

"The Tribunal held that the Diabetes at the rate of 20% for life was worsened by the military service."

Other Notable Cases

• Ex-Havildar Chandrakant Pote: Diagnosed with a type of blood cancer, High Blood Pressure, and Panic Disorder. The Tribunal found these conditions were not related to service, but still awarded disability pensions.

• Col. Gulab Yasin Tamboli: Diagnosed with Type II Diabetes while at a calm post. The Tribunal disagreed with the Medical Board's finding that it wasn't related to service.

Legal Arguments

• Union of India's Stance: They argued that the Medical Board's findings should be the final word and should not be changed by the Tribunal. They claimed lifestyle diseases like diabetes and high blood pressure aren't related to military service.

• Court's View: The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, stated that the Tribunal can question the Medical Board's conclusions. The court emphasized that pension rules should be interpreted in a way that benefits servicemen.

"The responsibility to prove that the officer is not entitled to a disability pension is on the employer."

Verdict Summary

The High Court dismissed the Union of India's requests, supporting the Tribunal's decisions to grant disability pensions. The court highlighted the importance of considering service conditions in disability cases and ensuring fair treatment for military personnel.