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In an order concerning military disability pensions, the Delhi High Court has set aside the Armed Forces Tribunal's earlier order that had granted disability pension to a retired Air Force Sergeant. The Court has remanded the matter back to the Tribunal for fresh consideration.
The case was heard on July 17, 2025, by a Division Bench comprising Justice C. Hari Shankar and Justice Ajay Digpaul. The Sergeant was enrolled in the Indian Air Force in December 2000 and was discharged in December 2020 after completing 20 years of service. He was diagnosed with a congenital bicuspid aortic valve accompanied by moderate aortic stenosis and mild aortic regurgitation. After being denied disability pension by the authorities, he approached the Armed Forces Tribunal. The Tribunal, relying on the Supreme Court's judgment in Dharamvir Singh vs. Union of India, ruled in his favour and granted him disability pension on February 1, 2023. Challenging this decision, the Union of India was represented by Premtosh K. Mishra, Central Government Standing Counsel (CGSC), with assistance from Sarthak Anand and Prarabdh Tiwari. They argued that the medical condition was congenital and therefore not attributable to military service. The Union was further represented in court by Sgt. Manish Kumar Singh and Sgt. Mritunjay from the Air Force Legal Cell. On behalf of Sgt. Kamal Kumar, Raj Kumar, Advocate, argued that although the condition was congenital, its worsening over the course of two decades in service suggested that it had been aggravated by military duties. He contended that this aggravation justified the grant of disability pension. The High Court took note of the congenital nature of the condition but emphasised that it did not automatically exclude the possibility of aggravation due to service. The Court found that the Tribunal had failed to examine this aspect adequately. Justice C. Hari Shankar observed that the respondent still had the right to argue that the later-developing medical complications were linked to or worsened by military service. In light of this, the High Court quashed the AFT's February 2023 order and sent the matter back for a fresh hearing. The Tribunal has been directed to take up the case again on August 12, 2025, with the Court urging an expeditious hearing given the nature of the issue. The ruling clarifies that military personnel with congenital medical conditions are not automatically disqualified from receiving disability pensions. If aggravation due to service can be established, their claims deserve serious and thorough consideration. The decision also sets a precedent for deeper scrutiny by the Tribunal in similar medical-pension disputes. (ANI)
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