Delhi HC Grants Disability Pension
50% pension for life for retired Air Force officer
New Delhi: The Delhi High Court on Thursday quashed an Armed Forces Tribunal (AFT) order and directed authorities to grant a 50 per cent disability pension for life to a retired armed forces personnel. The court ruled that a disability pension cannot be denied merely because a disease is described as a “lifestyle disorder” or developed while posted at a peace station.
Arrears to be Paid
Interest applicable if delayed
The court also ordered that arrears be paid from the date of discharge, directing that the amount be released within eight weeks. Failure to do so will attract interest at 12 per cent per annum.
Military Service and Health
Stress affects personnel even in peace postings
The Court noted that military service remains stressful even in non-operational areas, contributing to serious health conditions. Discipline, long working hours, frequent transfers, family separation, and constant readiness for deployment can all impact physical and mental health.
Background of the Case
Retired officer suffered from hypertension and heart disease
The Division Bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora set aside an AFT order that had rejected the disability pension claim of a retired Indian Air Force officer diagnosed with primary hypertension and severe coronary artery disease.
Faulty Medical Board Findings
Disabilities wrongly deemed unrelated to service
The Court observed that the Release Medical Board failed to provide proper reasons for declaring the officer’s disabilities as neither attributable to nor aggravated by service. Simply labelling the illnesses as lifestyle disorders without identifying specific lifestyle factors was deemed legally unsustainable.
Rejection of Lifestyle Arguments
Obesity, smoking, and alcohol use insufficient
The Court rejected arguments citing obesity, smoking, or alcohol, noting that these were not listed as causes in the Medical Board’s findings. Being overweight alone cannot prove hypertension or heart disease is self-inflicted. The AFT was also faulted for introducing lifestyle factors without medical evidence.
Inadequate Reasoning on Heart Disease
Serious cardiac condition linked incorrectly
The Court found the Medical Board’s reasoning on heart disease inadequate, as linking a serious cardiac condition to duties performed in the preceding 14 days lacked any logical basis. The officer had developed hypertension in 1999 and underwent open-heart surgery in 2016.
Court Orders Relief
Pension granted with arrears
Allowing the petition, the High Court quashed the AFT order and directed authorities to grant a 50 per cent disability pension for life. Arrears from the date of discharge must be paid within eight weeks, failing which interest at 12 per cent per annum will apply.
