Summary: In an important decision, the Bombay High Court threw out several legal challenges by the Indian government, supporting disability pensions for military members. The court stressed the need to consider the tough conditions of military service when looking at disabilities.
The case involved several legal challenges filed by the Indian government against military personnel who had been given disability pensions by the Armed Forces Tribunal in Mumbai. These cases were combined, with the main case being about Lt. Col. S.K. Rathore.
Lt. Col. S.K. Rathore had to retire early because of Diabetes Mellitus, which was found to be made worse by his military service. Even though he served in tough places like Imphal, Manipur, and during operations like Rakshak and Parakram, his disability pension was first denied by the Invaliding Medical Board, which said it was a health issue not related to service.
"The Tribunal held that the Diabetes Mellitus at the rate of 20% for life was aggravated by the military service."
The Indian government argued that the opinions of the Medical Board, which are based on expert evaluations, should not be changed by the Tribunal. They claimed that many health issues like high blood pressure and diabetes are lifestyle diseases not necessarily linked to military service.
The court, led by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, found that the Tribunal's decision to give disability pensions was right. They pointed out that the Medical Board's findings can be looked at again and that service conditions should be considered in assessing disabilities.
"The provisions for pensionary benefits need to be construed more liberally."
The court's decision supports the rights of military personnel to receive disability pensions when their service conditions play a part in their health problems. This ruling highlights the need for a fair and understanding approach to evaluating military service-related disabilities.
