The Bombay High Court has delivered a significant judgment affirming the rights of military personnel to disability pensions, dismissing a batch of 70 petitions filed by the Central government. The petitions had challenged rulings from the Armed Forces Tribunal (AFT) in Mumbai that granted disability pensions to service members for various health conditions attributed to their military service.
Court Rejects Government's Challenge to Pension Grants
In a firm stance, the High Court stated that a pension cannot be equated to a bounty payable at the sweet will and pleasure of the government. The court emphasized that military personnel who are invalided out of service on medical grounds deserve the grant of a pension as a matter of right.
Broad Interpretation of Disability Pension Eligibility
The Armed Forces Tribunal had granted disability pensions to personnel for ailments including diabetes, obesity, spondylitis, hypertension, ulcerative colitis, retinal vasculitis, chronic myeloid leukaemia, and panic disorder. The tribunal attributed these conditions to military service or their aggravation during service.
The High Court division bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, observed in their recent judgment: "We do not think that the rule makers intended to deprive military personnel of the benefit of disability pension on grounds of delay or constitutional disorder or disease, even if such invaliding diseases occurred while in military service."
Shifting the Burden of Proof
The court specifically addressed the burden of proof in such cases, stating: "It is not correct to say that the onus to prove that disability occurred on account of military service shifted to the military personnel." The bench provided a practical example, noting that it would be "absolutely impossible for a military personnel to prove that he suffers from hypertension on account of the rigours of duty in military service."
Legal Framework for Disability Pensions
According to established regulations, a disability pension can be granted to an officer who is invalided out of service due to a disability that is either attributable to or aggravated by military service in non-battle casualty cases, provided the disability is assessed at 20% or more.
Additionally, a disability pension consisting of a service element and a disability element may be granted to military personnel in a low medical category who retire on superannuation if found to be suffering from such attributable disabilities upon retirement.
Pension as a Valuable Right and Social Justice Measure
The High Court reinforced that "the right to pension is a valuable right vested in a government servant." Referring to Supreme Court precedents, the bench noted that pension is not merely compensation for loyal services rendered in the past but carries broader significance as a measure of socio-economic justice that provides economic security in later life.
The court held that the disability pension provided to military personnel serves a similar objective, ensuring financial protection for those whose health has been compromised during their service to the nation.
Case Study: Infantry Officer's 23-Year Service
The judgment referenced a specific case involving an officer who served in the Army for over 23 years. This officer was posted at challenging locations including Imphal and Tuting in Manipur, as well as Ladakh, and participated in Operation Rakshak and Operation Parakram in 2002.
Although disability-free before joining the military, a medical board concluded that his health was affected due to continued difficult service conditions as an Infantry Officer. Despite this, a Military Board had classified his diabetes as a "constitutional disorder, not connected with military service."
Court's Role in Interpreting Beneficial Provisions
The High Court clarified that it is the tribunal's duty to interpret beneficial provisions in favor of those they are designed to protect. While acknowledging that there might be cases where a disease is wholly unrelated to military service, the court emphasized that such claims need to be affirmatively proved by the authorities.
This landmark judgment strengthens the legal framework supporting disability pensions for military personnel, ensuring that those who suffer health consequences from their service receive appropriate recognition and financial support through their pension rights.
