Indian Army Soldiers Firing a Mortar.
Delhi High Court Rejects MoD’s Plea, Upholds Disability Pension for Soldiers: NEW DELHI, July 5, 2025 – In a significant ruling that reaffirms the rights of military personnel, the Delhi High Court has dismissed approximately 300 petitions filed by the Union government challenging the grant of disability pensions to soldiers. A Division Bench comprising Justice Navin Chawla and Justice Shalinder Kaur upheld the earlier verdicts passed by the Armed Forces Tribunal (AFT), unequivocally entitling service personnel to their disability pensions.
The High Court’s decision, which saw the dismissal of pleas from the Ministry of Defence (MoD), underscored a crucial principle: disability pension for armed forces personnel is not an act of governmental generosity, but rather a rightful and just acknowledgment of the profound sacrifices endured by them. These sacrifices, the court observed, frequently manifest in the form of disabilities or disorders suffered during the course of their dedicated military service.
The judgment serves as a powerful affirmation of the State’s inherent responsibility towards its soldiers, who serve the nation with unwavering courage and devotion. The High Court emphasized that it ensures no soldier, having sustained injury or disability due to service conditions, is left without essential support, thereby enabling them to live with financial security and dignity.
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Delhi High Court.
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The Union government had approached the High Court primarily on the grounds that the medical conditions of the soldiers involved in this batch of cases were neither attributable to nor aggravated by military service. Consequently, the government argued, these personnel were not entitled to the disability element of their pension.
Attorney General R Venkataramani, representing the MoD, contended that the long-standing presumption – that a member of the armed forces was deemed to have been in sound physical and mental health upon entering service unless disabilities were noted at the time of enlistment – no longer held true.
However, the Division Bench found the Centre’s reasoning disheartening. The Court firmly held that disability pension could not be denied to soldiers solely on the basis that the onset of their disability occurred while they were posted at a “peace station.” Such a perception, the judges noted, overlooks the continuous physical and mental stress inherent in a soldier’s life.
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“The soldiers, whether in hard areas, on front lines or at a peace station, were never far away from a threat,” the High Court stated. 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. The judgment concluded that military service, irrespective of whether it is in peace locations or operational zones, inherently carries stress that may predispose Force personnel to various medical conditions, including hypertension.
This landmark ruling is expected to bring significant relief to numerous armed forces veterans and their families, reinforcing the judiciary’s commitment to protecting the welfare and dignity of those who serve the nation.
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