Dismissing around 300 appeals filed by the Ministry of Defence against judicial orders granting disability benefits to armed forces personnel, the Delhi High Court (HC) has held that as per rules interpreted by the Supreme Court, soldiers cannot be asked to prove their disability claims and a benefit of doubt is extended to them unless it is shown by cogent reasons by the medical board that the disability existed before entering service and had no connection with military service.
Rejecting the contention of the ministry that their disabilities were not affected by service conditions, the HC’s Bench of Justice Shalinder Kaur and Navin Chawla observed in their order of July 1, that grant of disability benefits “is not an act of generosity, but a rightful and just acknowledgement of the sacrifices in the form of disabilities/disorders suffered during the course of their military service and a measure that upholds the State’s responsibility towards its soldiers, who have served the nation with courage and devotion.”
The HC opined that “even in peace stations, military service is inherently stressful due to a combination of factors such as strict discipline, long working hours, limited personal freedom and constant readiness for deployment besides the psychological burden of being away from family, living in isolated or challenging environments and coping with the uncertainty of sudden transfers or duties adds to this strain.”
“It must always be kept in view that the armed forces personnel, in defending this great nation from external threats, have to perform their duties in most harsh and inhuman weather and conditions, in terrains and atmosphere where limits of man's survival are tested, or in air or water, where again surviving each day is a challenge, away from the luxury of family life and comforts,” the Bench said.
The HC also held that it is of paramount importance that medical boards record clear and cogent reasons in support of their medical opinions. Such reasoning would not only enhance transparency, but also assist the competent authority in adjudicating these matters with greater precision, ensuring that no prejudice is caused to either party. Cryptic and unreasoned assessment defeats the purpose behind the constitution of the medical boards and also leaves the courts without adequate material to effectively adjudicate the matter before them.
Sources said that in the past months, hundreds of writ petitions and appeals filed by the defence ministry have been dismissed by various high courts and the SC with sharp observations and heavy fines.
The ministry had withdrawn all such litigation from 2017 onwards but again started flooding the courts with litigation against disabled soldiers and widows when strict action was directed by the AFT against some of the officers for non-implementation of judicial orders in 2023.
In 2015, the then Defence Minister had admonished his officers not to make litigation against soldiers a “prestige-issue”. Later in 2017, the SC had passed strictures against the defence ministry for flooding the courts with appeals in settled matters. In 2022, the SC had recorded its “displeasure” against the MoD for its litigation on disability pension, a sentiment repeated by the top court in 2024 and 2025.
