Bombay High Court

Bombay High Court: Veterans Win Disability Pension for Service-Related Ailments

Updated
Jan 27, 2026 3:10 PM
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In a recent decision, the Bombay High Court ruled in favor of several military veterans who were denied disability pensions. The court agreed that the Armed Forces Tribunal had correctly granted these pensions, despite objections from the Government of India.

The Case Overview

On January 23, 2026, Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad announced an important decision. This case involved multiple requests from military personnel who wanted disability pensions for conditions like diabetes, high blood pressure, and other illnesses. These conditions were claimed to be worsened by their military service.

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

Lt. Col. S.K. Rathore's case was a key focus. He had to retire early in 2003 because of diabetes, which got worse due to his service. Even after his death in 2014, the Tribunal granted his widow the disability pension, acknowledging the challenges he faced during missions in places like Imphal and Ladakh.

"Continued difficult service conditions as an Infantry Officer could have negatively affected my health." - Lt. Col. S.K. Rathore

Other Notable Cases

  • Ex-Havildar Chandrakant Pote: Diagnosed with Chronic Myeloid Leukemia, his condition was initially considered unrelated to service, but the Tribunal disagreed.
  • Col. Gulab Yasin Tamboli: Diagnosed with Type II Diabetes, his pension claim was initially denied because the condition was seen as unrelated to his service.
  • Major Rajgopalan: Diagnosed with Cervical Spondylosis, the Tribunal ruled in his favor for the pension.

Government of India's Argument

The Government of India argued that the Medical Board's opinion, which often denied the connection between service and illness, should be final. They claimed that lifestyle diseases found at non-combat stations were not related to military service.

Court's Decision

The court emphasized that the Tribunal has the power to review the Medical Board's conclusions. It stressed that it is the employer's responsibility to prove that a condition is not related to service.

"The decision of the Invaliding Medical Board must consider other factors such as service conditions." - Bombay High Court

Summary of the Verdict

The court dismissed the Government of India's petitions, upholding the Tribunal's decision to grant pensions. This ruling highlights the importance of considering service conditions and provides relief to many veterans seeking disability pensions.

Tags:
Disability Pension
Armed Forces Tribunal
Pension Rights