Delhi HC Rules In Favor Of Soldiers; Affirms Right To Disability Pension

The Delhi High Court has upheld the Armed Forces Tribunal’s (AFT) decision to grant disability pensions to two soldiers. It dismissed the Central Government’s appeal against the ruling.

A bench of Justices C Hari Shankar and Ajay Digpaul emphasized the importance of disability pension for soldiers who endure the stress and pressures of military life.

The court stated that serving in the armed forces comes with the inherent risk of illness and disability. It stressed that soldiers often develop physical ailments that may render them unfit for service.

In such cases, the nation must provide them with comfort and support.

The court questioned whether soldiers’ service could ever be fully compensated.

Citing John F Kennedy, the bench noted that while citizens enjoy their comforts, soldiers face harsh conditions at the borders, ready to lay down their lives.

It asked if the country could ever do too much for its brave soldiers.

The case involved soldiers Gawaas Anil Madso and Amin Chand, who were discharged from service due to 20% disability.

A Release Medical Board (RMB) ruled that they would suffer from this disability for life but denied them a disability pension. They challenged the decision in the AFT, which ruled in their favor.

The government then appealed to the High Court, which rejected the appeal.

This ruling reinforces the right to disability pension for soldiers, ensuring financial support for those who sacrifice their well-being in service of the nation.

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