The Delhi High Court has recently dismissed approximately 300 petitions filed by the Ministry of Defence (MoD) challenging the grant of disability pensions to soldiers. A Division Bench of Justices Navin Chawla and Shalinder Kaur rejected the Union Government's challenge to the orders passed by the Armed Forces Tribunal (AFT), which had ordered to provide disability pensions to soldiers with disabilities who had approached the tribunal.

The court has made it clear that disability pension is not an act of generosity but a rightful and just acknowledgement of the sacrifices endured by soldiers who sustain disabilities or illnesses during their military service. The court emphasized that such pensions ensure that soldiers injured or disabled due to service conditions are not left without support and can 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.

The Union government, in its plea to the High Court, had argued that the medical conditions of the soldiers who moved the AFT were neither attributable to nor aggravated by military service and hence, they are not entitled to disability pension. In some cases, the Union also stated that the onset of the disability occurred while the soldiers were posted at a peace station. The Court noted that even when not on the frontlines or in hard areas, soldiers are aware that the threat is never far away.

The Court observed that disability pension cannot be denied to soldiers solely on the ground that the onset of the disability occurred while they were posted at a peace station. The court further added that it was disheartened to see members of the armed forces being denied pensions for this reason, as it overlooks the continuous physical and mental stress faced by soldiers.

The High Court stated that soldiers cannot be asked to prove their disability claims. Benefit of the doubt is to be extended to them unless the medical board can provide cogent reasons that the disability existed before entering service and had no connection to military service. The court also noted that it is incumbent upon the medical board to furnish cogent and well-reasoned justification for their conclusions.

Several instances of the Supreme Court admonishing the MoD for excessive litigation in disability pension cases have been noted in the past. In 2015, the then Defence Minister cautioned officers against making litigation against soldiers a “prestige issue”. The Supreme Court has repeatedly expressed its displeasure against the MoD for its litigation on disability pensions.