Hey folks! Here’s a breakdown of a recent decision by the Bombay High Court about disability pensions for military personnel. This case involves several requests where the Indian government challenged the Armed Forces Tribunal's decision to give disability pensions to retired military personnel. Let’s dive into the details!
On January 23, 2026, Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad gave a decision that rejected several requests filed by the Indian government. The court agreed with the Armed Forces Tribunal’s decision to give disability pensions to military personnel who developed health problems during their service.
One important case involved Lt. Col. S.K. Rathore, who developed Diabetes Mellitus during his service. The Tribunal found that his condition got worse because of his military duties, especially during Operation Parakram. Even though he passed away in 2014, the Tribunal granted his widow the disability pension he was denied while he was alive.
"The Tribunal held that the Diabetes Mellitus at the rate of 20% for life was aggravated by the military service."
Ex-Havildar Chandrakant Pote: Diagnosed with Chronic Myeloid Leukemia, the Tribunal found his condition was not related to service, but he was given a pension because of how severe his disability was.
Col. Gulab Yasin Tamboli: Diagnosed with Type II Diabetes while at a non-combat station, his case was similar, with the Tribunal deciding in favor of a disability pension.
The Indian government argued that many of these conditions, like hypertension and diabetes, are lifestyle diseases not necessarily linked to military service. They claimed that the Tribunal shouldn’t go against the Medical Board's opinions.
"The opinion of the Medical Board is a report by trained medical experts and the same cannot be reviewed by the Tribunal."
The court disagreed with the Indian government, stressing that the Tribunal has the power to review medical board opinions, especially when service conditions could make health issues worse.
"The responsibility of proving the disability and reasons for denying disability pension would lie heavily on the authority where the serviceman has been discharged from service."
The judgment reinforces the right of military personnel to receive disability pensions if their service conditions contributed to or worsened their health issues. The court highlighted the importance of interpreting pension rules generously to provide for those who served the nation.
