'We Sip Cappuccino, While They Shed Blood': HC Upholds Disability Pension for Soldiers

New Delhi: The Delhi High Court upheld the disability pension granted to two army personnel, emphasizing that serving in the military comes with risks of disease and disability, which cannot be ignored. The court dismissed the Centre’s petition challenging the Armed Forces Tribunal’s order, which allowed disability pensions to two ex-servicemen.

A bench led by Justice C Hari Shankar, along with Justice Ajay Digpaul, observed that while citizens enjoy comfort, soldiers endure extreme hardships to protect the country. The court referenced former US President John F Kennedy's iconic words on patriotism, stating, “While we sip our hot cappuccinos by the fireplace, soldiers are braving icy winds at the border, willing to lay down their lives at a moment’s notice.”

HC Calls Disability a ‘Package Deal’ of Military Service

The judgment, passed on March 27, stated that serving in the military involves a high risk of ailments and disabilities. 

The court underscored that it was the nation’s duty to provide financial support to soldiers who suffered disabilities due to service conditions.

"The bravest of soldiers is prone, given the conditions in which he serves the nation, to fall prey to bodily ailments, which, at times, maybe disabling in nature."

It further stressed that the human body is not always capable of matching the spirit of service, and hence, financial benefits like disability pensions must be ensured for those affected.

Centre’s Petition Dismissed, Court Justifies Tribunal’s Decision

The case involved two retired officers who were denied disability pensions by the Centre. The first officer, who joined in 1985 and retired in 2015, suffered from Diabetes Mellitus Type II. 

The second officer, from the Defence Security Corps, suffered from Peripheral Arterial Occlusive Disease in his right lower limb.

The Centre argued that both officers were on ‘peace postings’, meaning they were not in active combat zones, and their ailments were not directly linked to military service. 

However, the High Court dismissed this argument, stating, "Military personnel suffer various postings during their service, and the mere fact that the onset of an ailment might have been while the officer was on a peace posting does not incontrovertibly indicate that the disease was not attributable to military service."

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The court pointed out that stressful military life can trigger or aggravate serious illnesses, including diabetes, and the Release Medical Board (RMB) had failed to prove otherwise.

“Diabetes could be caused and exacerbated by stressful living conditions, and in case of a peace posting, the RMB had a greater responsibility to identify its cause and dissociate its onset from military service.”

Judgment a Major Relief for Ex-Servicemen

Concluding the verdict, the High Court upheld the Armed Forces Tribunal’s orders in full, stating that the Centre’s arguments were insufficient to deny rightful pension benefits.

"For all the aforesaid reasons, both the writ petitions are dismissed in limine. The impugned orders passed by the learned AFT are upheld in their entirety," the court ruled.

The landmark judgment is expected to strengthen disability pension rights for armed forces personnel, setting a strong precedent for future cases.