Delhi High Court Upholds Disability Pension for Veterans, Rejects Nearly 300 MoD Petitions
A significant win for India’s veterans came this week as the Delhi High Court dismissed close to 300 writ petitions filed by the Ministry of Defence (MoD), all challenging disability pension awards granted by the Armed Forces Tribunal (AFT). The court's ruling not only upheld the AFT’s decisions in favor of ex-servicemen but also delivered a strong message about the government’s duty to those who have served the nation with honour.
Court’s Verdict: No Legal Grounds to Interfere with AFT Rulings
A division bench of Justices Navin Chawla and Shalinder Kaur ruled decisively in support of the AFT’s earlier judgments. These judgments had granted disability pensions to veterans who developed medical conditions such as diabetes, hypertension, psychiatric disorders, and heart ailments during their service tenure.
The High Court held that the tribunal had followed settled legal principles and that there was no justification to overturn the findings. It emphasized that the burden of proof regarding non-attributability of a disease lies with the state, not the soldier.
“Soldiers cannot be asked to prove their disability claims,” the bench said. “A benefit of doubt must be extended unless the medical board presents cogent reasons that the disability predated service and had no link to military duties.”
Disability Pension: Not a Favour but a Right
The judgment reinforced the principle that disability pensions are not discretionary. Rather, they are a rightful acknowledgement of service-related hardship, and a measure of the government’s responsibility toward its soldiers.
The court noted that many disabilities classified as “NANA” – Neither Attributable to, Nor Aggravated by service – were recorded by Release Medical Boards (RMBs), even though the disabilities occurred during active duty.
These NANA classifications often led to the denial of disability pension, despite medical boards recognizing that the conditions had manifested during the term of service. The AFT, in such cases, had reversed the RMB findings, asserting that the service environment had likely contributed to or worsened the conditions.
MoD’s Argument: Entitlement Rules 2008 & Lifestyle Diseases
Appearing for the Union of India, Attorney General R. Venkataramani argued that the personnel in question were not invalided out of service, and hence not entitled to disability pensions.
He further submitted that under the Entitlement Rules, 2008, the long-standing “rule of presumption” no longer applies. Previously, if a disease was not noted at the time of enlistment, it was presumed to be service-related. The MoD contended that this rule had been done away with in 2008 and that the AFT had incorrectly relied on outdated precedents.
The government’s case leaned heavily on the argument that conditions like diabetes and hypertension were common lifestyle diseases, unrelated to the rigors of military duty.
Delhi HC Rejects MoD's Claims, Highlights Realities of Military Life
The bench flatly rejected the government's reasoning. It criticized the reliance on NANA classifications when there was no medical rationale offered, except for the fact that the soldiers were posted in non-combat or peace zones.
“Even peace stations carry inherent stress,” the bench observed. “Long working hours, strict discipline, isolation, and mental strain are all parts of a soldier’s life, regardless of geographic posting.”
The court held that such blanket assumptions by medical boards do not hold legal ground when scientific evaluation and reasoning are absent. It further stressed that stress, mental health issues, and lifestyle-induced conditions are often directly or indirectly related to military service.
Judiciary Slams Repetitive Litigation by MoD
This judgment is the latest in a series of cases where the judiciary has criticized the Ministry of Defence for repeatedly challenging disability pension awards, even after the Supreme Court and multiple High Courts had set clear precedents.
In November 2024, the Delhi High Court imposed a ₹50,000 fine on the MoD and the Navy for filing a petition in a case where the legal issue had already been settled. Similarly, in May 2025, the Punjab and Haryana High Court censured the ministry for an “insensitive and non-compliant attitude” toward disabled soldiers.
Despite multiple internal advisories urging the MoD to reduce unnecessary litigation, the ministry resumed filing large-scale petitions after 2023, reportedly to counter AFT actions against non-compliance with its rulings.
Constitutional Backing: Article 14 and Military Equality
The Delhi High Court also cited Article 14 of the Indian Constitution, which guarantees equality before the law. It pointed out that inconsistent evaluations between field and peace postings, without scientific backing, were arbitrary and risked violating constitutional protections.
Moreover, under Article 226, the court emphasized its limited scope for reviewing tribunal orders. It reaffirmed that unless such rulings are legally flawed or based on irrational conclusions, there is no ground for interference.
Implications of the Ruling: Recognition and Relief for Veterans
The verdict upholds the rights of veterans to receive just compensation for service-related ailments. It also offers judicial clarity on several key points:
-
The burden of disproving service connection lies with the state, not the soldier.
-
Medical board opinions must be based on evidence, not assumptions about location of posting.
-
Disability pensions are a right, not an act of charity.
Looking Ahead: An Urgent Need for Policy Reform
The decision adds to the growing body of judicial opinion advocating for a more humane and rational approach toward veterans. The ruling sends a clear message to the MoD: avoid litigating well-settled issues, and ensure that disabled veterans receive timely support without bureaucratic resistance.
It also calls for a reform in the functioning of medical boards, whose findings have often been inconsistent or lacking detailed justification.
Conclusion: A Step Forward for Veteran Welfare
This ruling marks a pivotal moment in the ongoing battle for dignity and justice for India’s armed forces personnel. It acknowledges that service to the nation comes at great personal cost—and that the nation, in turn, must respond with compassion, fairness, and respect for those who served.
The Delhi High Court’s dismissal of nearly 300 MoD petitions clears the path for hundreds of affected veterans to receive their rightful disability pensions, while also reiterating the need for a responsible litigation policy that aligns with constitutional values and human dignity.
Written by Defence Expert
Post a Comment