HIGH COURT JUNE 2025 WEEKLY ROUNDUP | Stories on Transgender Parents; Shamishta Panoli’s Bail; Rahul Gandhi’s summon order; Sadhguru’s Personality Rights; and more
A quick legal roundup to cover important stories from all High Courts this week.
disability pension
‘Illness is presumed to be service related if no disease is recorded by medical board at time of entry’; Supreme Court orders 50% disability pension for ex-serviceman
Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.
‘Patently illegal & against the thought process of Armed Forces itself’; AFT grants disability pension to former army personnel suffering from primary hypertension
“The mere fact that the disease manifested itself many years after joining service is sufficient to conclude that the same was attributable to military service because it is an established fact that stress and strain in military service is unique.”
Armed Forces Tribunal grants disability pension to former army personnel suffering from primary hypertension
The applicant was enrolled in the Indian Army in 1985 in a fit state of health and mind, however, after 26 years of service he was diagnosed with primary hypertension @30% for life and was subsequently discharged.
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Harsh Beniwal; Swarn Rekha River Revival Project; Sabarimala Pilgrimage; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Army authorities chose to relieve themselves from onerous obligations’; Punjab and Haryana HC upheld disability pension of a soldier discharged from service on compassionate grounds
Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.
‘Evident miscommunication made about dis-entitlement of disability pension’; Punjab and Haryana HC grants complete disability pension to a man enrolled in Army
Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.
‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons
A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.
Armed Forces Tribunal| A Cadet is akin to a probationer; can be discharged by employer if not meeting the medical standards required for military service
Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member
In a tiff between “mighty Union of India” & “an ordinary soldier”, the soldier wins as SC holds that members of Ecological Task Force also entitled to Disability Pension
Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry
AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability
AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome
“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.
AFT | Tribunal grants war injury pension to WW-2 soldier who suffered splinter wound injury in Italy
Armed Forces Tribunal (Lucknow Bench): The Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member (A),
AFT | “We don’t agree that there is no stress and strain of service in military stations located in peace areas” Tribunal grants disability pension for hypertension
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard
AFT| Mental disorders can escape detection, benefit of doubt cannot be given to the applicant merely on ground that disease could not be detected at the time of enrolment; Tribunal denied disability pension
Armed Forces Tribunal: Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, allowed the application
AFT | Individual retiring by superannuation, found suffering from disability attributable to/aggravated by military service, is entitled to benefit of rounding off of disability pension. Tribunal states
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) allowed an
AFT | Arrears of disability pension are restricted to three years prior to filing the application; delay is condoned
Armed Forces Tribunal (AFT): Justice S.V.S. Rathore (Member) and Air Marshal BBP Sinha (Member) dismissed an application by the applicant under Section
AFT | Disability accrued by a person during military service is entitled to disability element of pension
Armed Force Tribunal: A Division Bench of Justice Sunita Gupta (Member) and Lt. Gen. Philip Campose (Member) allowed an application under Section
AFT | Claim for pension is based on continuing wrong, and relief can be granted if such continuing wrong creates a continuing source of injury
Armed Forces Tribunal: A Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an ex-hawaldar’s application
AFT | Applicant not entitled to disability element of pension if, he denied to undergo curative surgery without any justification
Armed Forces Tribunal (AFT): The Coram of Justice Sunita Gupta (Judicial member) and Lt. Gen. Philip Campose (Administrative Member) pronounced an order