'We Sip Cappuccino, While...': Court Upholds Disability Pension Order For Soldiers

Refusing to interfere with orders directing payment of disability pension to two army personnel, the Delhi High Court has underscored that soldiers defend the country often in harsh and inhospitable conditions and the possibility of disease and disability come as a package deal with the desire to serve the country.

In a judgement passed on March 27, a bench headed by Justice C Hari Shankar recalled former US president John F Kennedy's "stirring words" on patriotism, and said that 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".

"The possibility of disease and disability, therefore, comes as a package deal with the desire and determination to serve the country. The bravest of soldiers is prone, given the conditions in which he serves the nation, to fall prey to bodily ailments, which, at times, may be disabling in nature, rendering him unable to continue in military service.

"In such circumstances, the least that the nation can do, by way of recompense for the selfless service that the soldier has lent it, is to provide comfort and solace during the years that remain," said the bench, also comprising Justice Ajay Digpaul.

"President John F Kennedy's stirring words during his inaugural address represent, to this day, the grand summation of everything that patriotism, and love for one's nation, means and represents: 'Ask not what your country can do for you; ask for what you can do for your country.' "There are those who make it part of their lives, and are willing to sacrifice their all for their country -- who, while we sip our hot cappuccinos by the fireplace, are braving icy winds at the border, willing to lay down their lives at a moment's notice. Can anything, that the nation, and we as its citizens, give to these true sons of the motherland, ever be too much?," the bench said.

The court observed that the human body, which is made of skin and bones, is not always able to "keep pace with the spirit" and the laws therefore provided for financial benefits, such as disability pension, to soldiers who encounter disease or disability which is attributable to or aggravated by military service.

In the instant case, the Centre challenged orders of the Armed Forces Tribunal allowing disability pension to a former officer who enrolled in 1985 and was discharged from service in 2015 as he was suffering from diabetes mellitus Type II.

Relief was also given by the tribunal to another officer in the army's Defence Security Corps, who was denied disability pension despite suffering from 'peripheral arterial occlusive disease right lower limb'.

The Centre argued that the officers were on "peace posting" and their disease was not attributable to or aggravated by their military service.

Noting that the onset of the disease in both the cases was during the course of military service of the officers, the court said a mere statement that there was peace posting was insufficient to discharge the onus on the Release Medical Board (RMB) to show that the disease was not attributable to the service.

It is common knowledge, the bench added, that 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 the military service of the claimant officer.

"We may reiterate that 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.

"We reiterate, for example, that there are diseases and ailments, which may have arisen, but may remain dormant for a period of time before becoming manifest," the bench stated.

"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 ordered.

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