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HC dismisses over 200 petitions of MoD challenging disability pension to defence personnel

New Delhi, Jul 5 (PTI) The Delhi High Court has dismissed over 200 petitions of the Ministry of Defence challenging the Armed Force Tribunal's order holding a number of defence personnel entitled for disability pension for their respective disabilities. Disability pension cannot be denied to defence personnel solely on the ground that the onset of the disability occurred while they were posted at a peace station or by contending that it is a lifestyle disease, it said, while noting that military service is inherently stressful due to a combination of factors. A bench of Justices Navin Chawla and Shalinder Kaur said that granting disability pension is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by defence personnel which manifest in the form of disabilities/ disorders suffered during their military service. "The purpose of granting disability pension to personnel of the Indian Armed Forces is to provide necessary financial support to those who have sustained a disability or illness during the course of their service due to service conditions," the bench said in its 85-page common judgment passed on July 1. The court said such the 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 added. The court said it must be kept in mind that armed forces personnel, in defending the nation from external threats, have to perform their duties in most harsh and inhuman weather and conditions, be it in far-flung corners of land, in terrains and atmosphere where the limits of a man's survival are tested, or in air or water, where again surviving each day is a challenge, away from the luxury of family life and comforts. The central government, through the Ministry of Defence, challenged the tribunal's orders on the grounds that the Release Medical Board (RMB) had clearly opined that the medical condition of the defence personnel suffering from hypertension and Diabetes Mellitus Type II was neither attributable to nor aggravated by military service. The ministry contended that these personnel were not entitled to disability element of pension. The high court said it was incumbent upon the RMB to furnish cogent and well-reasoned justification for their conclusions that the disease or disability suffered by the personnel cannot be said to be attributable to or aggravated by such service conditions. The court said disability pension cannot be denied to defence personnel solely on the ground that the onset of the disability occurred while they were posted at a peace station. "It is disheartening that members of our armed forces are being denied disability pension solely on the aforementioned ground. This overlooks the continuous physical and mental stress faced by soldiers, regardless of their location," the bench said. It said even in peace stations, military service is inherently stressful due to a combination of factors such as strict discipline, long working hours, limited personal freedom, and constant readiness for deployment. "The psychological burden of being away from family, living in isolated or challenging environments, and coping with the uncertainty of sudden transfers or duties adds to this strain. Additionally, the toll of continuous combat training further contributes to mental fatigue," it said. Despite the absence of active conflict or the challenges of hard area postings, the demanding nature of military life at peace stations can significantly impact the overall well-being of personnel, the court said, adding that 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. "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 bench said. The court said lifestyle varies from individual to individual and a mere statement that a disease is a lifestyle disorder cannot be a sufficient reason to deny disability pension, unless the medical board has duly examined and recorded particulars relevant to the individual concerned. When force personnel have rendered prolonged military service, there exists a substantial onus on the RMB to establish that the hypertension is not attributable to or aggravated by military service, it said. The court said the authorities have ignored that many of these soldiers had previously served in the field or hard areas, only to be diagnosed with their respective disabilities later during their peace postings. Denying benefits under such circumstances not only undermines their service but also fails to acknowledge the effect of their demanding careers, it said. The court said the possibility cannot be ruled out that these factors jointly and severally can become a chronic source of mental stress and strain, precipitating various medical conditions such as hypertension. It said the RMB must not resort to a "vague" and "stereotyped approach" but should engage in a "comprehensive, logical, and rational analysis" of the service and medical records of the personnel, and must record well-reasoned findings while discharging the onus placed upon it. The matters pertaining to Diabetes Mellitus Type II in which the RMB has opined that the disease is not attributable to or aggravated by military service, solely based on the fact that the onset was at a peace station, cannot be sustained, the court said. PTI SKV RT

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