HC junks 300 defence ministry pleas opposing disability pension

NEW DELHI: Delhi HC dismissed 300 petitions filed by defence ministry challenging Armed Forces Tribunal 's order that had granted disability pensions to soldiers even when they were not posted on front lines, observing that disability pensions to armed forces personnel acknowledge their sacrifice to the nation.

"It is not an act of generosity, but a rightful and just acknowledgment of the sacrifices endured by them, which manifest in the form of disabilities or disorders suffered during the course of their military service. It is a measure that upholds the State's responsibility towards its soldiers," said the division bench comprising Justices Navin Chawla and Shalinder Kaur.

Govt had approached court, arguing that medical conditions of soldiers involved in these cases were neither attributable to nor aggravated by military service and, therefore, they were not entitled to disability element of the pension.

Attorney general R Venkataramani, on Centre's behalf, contended that the presumption - where a member of the armed forces is deemed to have been in sound physical and mental health upon entering service unless a disability was noted at the time of enlistment - no longer applies.

However, the court observed that disability pension cannot be denied solely on grounds that onset of the disability occurred while the soldier was posted at a peace station.

"Undisputably, even when not on the front lines or in hard areas, soldiers are aware that the threat is never far away. This environment, where danger is a constant reality for their peers and could become their own at any moment, creates a persistent state of mental and emotional strain that cannot be overlooked," the court said.