The Delhi High Court last week quashed around 300 petitions filed by the Ministry of Defence challenging the grant of disability pensions to soldiers.

A Division Bench of Justices Navin Chawla and Shalinder Kaur on July 1 rejected the Union Government’s challenge to the orders passed by the Armed Forces Tribunal (AFT), which had ordered to provide disability pensions to the soldiers with disabilities who had approached the tribunal.

‘Financial support’

The Court noted that the purpose of granting disability pension to personnel of the Indian Armed Forces aims to provide necessary financial support to those who have sustained a disability or illness during the course of their service due to service conditions.

It added that disability pension is not an act of generosity, but a rightful and just acknowledgement of the sacrifices endured by the soldiers, which manifest in the form of disabilities/disorders suffered during the course of their military service.

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“Such pension ensures that a soldier who suffers injury or disability due to service conditions is not left without support and is able to live with financial security and dignity. It is a measure that upholds the State’s responsibility towards its soldiers, who have served the nation with courage and devotion,” it said.

The Union government, in its plea to the High Court, had stated that the medical condition of the soldiers who moved the AFT, was neither attributable to nor aggravated by military service and hence they are not entitled to disability pension. The Union, in some cases, also stated that onset of the disability occurred while they were posted at a peace station.

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The Court noted that even when not on the frontlines 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. Thus, military service, whether in peace locations or operational zones, inherently carries stress that may predispose force personnel to medical conditions such as hypertension,” the Court stated.