Mumbai, Jan 30: Observing that pension is not a bounty payable at the “sweet-will and pleasure of the government”, the Bombay High Court has upheld a series of orders passed by the Armed Forces Tribunal (AFT), Mumbai, granting disability pension to Army and Navy personnel suffering from ailments such as diabetes, hypertension, spondylitis and obesity, holding that these conditions were attributable to or aggravated by military service.
Socio-economic justice emphasised
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad agreed with the Tribunal’s view that pension has a broader purpose beyond compensation for past service. “It is a measure of socio-economic justice which ensures economic security in the fall of life when physical and mental prowess ebbs with age,” the bench said.
Right to pension reaffirmed
Emphasising the object of disability pension, the judges observed: “The military personnel who is unable to perform his duty and is invalided out from service on medical grounds deserves grant of pension. Pension is not a bounty payable on the sweet-will and pleasure of the government. The right to pension is a valuable right vested in a government servant.”
Lifestyle disease argument rejected
Rejecting the Union government’s argument that ailments such as diabetes, hypertension and obesity are merely “constitutional or lifestyle” disorders, the court held that such an approach would defeat the beneficial intent of the pension rules.
“We do not think that the rule makers intended to deprive military personnel of the benefit of disability pension on the ground of delay or constitutional disorder, even if such invaliding diseases occurred while in military service,” the bench observed.
Burden of proof not on personnel
The judges also dismissed the contention that the burden lies on service personnel to prove a direct nexus between military duty and such ailments.
“It would be absolutely impossible for a military personnel to prove that he suffers from hypertension on account of the rigours of military service,” the court noted, pointing out that hypertension is a notified disease recognised by the Army and Navy for disability pension.
Cases examined by court
In its 44-page judgment, the bench reiterated that beneficial provisions under pension rules must be interpreted liberally.
The court examined several cases, including that of Lt Col S.K. Rathore, who served for nearly 23 years in operational areas such as Ladakh and Manipur and was released in a low medical category. While the Medical Board termed his diabetes a constitutional disorder, the Tribunal held that it was aggravated by service.
Also Watch:
Union government pleas dismissed
Finding no error in the AFT’s reasoning, the High Court dismissed the Union government’s petitions and upheld the grant of disability pension to the affected personnel.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
