Aarohi Girish Dhumale
On 27th March, 2025, the Delhi High Court granted pension to two disabled soldiers and highlighted the importance of disability pension. This was decided in the case of Union Of India & Ors. v. Ex Sub Gawas Anil Madso.
This case was heard by a Division Bench of Justice C Hari Shankar and Justice Ajay Digpaul.
“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,” the Bench said.
The Court clarified that this is why commendable provisions, such as the disability pension, have been established to assist soldiers who face disease or disability as a result of their military service.
The Court was hearing two appeals filed by the Union of India challenging the Armed Forces Tribunal’s (AFT) decision to award disability pensions to two soldiers.
One of these soldiers was Gawas Anil Madso, who joined the army in 1985 and was discharged in 2015 after being diagnosed with Type II Diabetes Mellitus (DM). A Release Medical Board (RMB) concluded that he would have a 20 percent permanent disability but stated he was not eligible for a disability pension. However, the Court disagreed with the decision to deny him the disability pension.
The Court recognized that there is a service rule stating that a health condition developed during military service cannot be automatically assumed to be caused by that service. However, the Court also clarified that this does not place the primary responsibility on the soldier to prove that the health condition is linked to military service. As the Army authorities have failed to prove that the disease suffered by the plaintiff, i.e. diabetes was not caused by the stressful army life, the Court observed that it is common knowledge that diabetes is caused by stressful conditions and the cause is established.
As a result, the Court upheld the AFT’s decision to grant a disability pension to Madso.
Similarly, the Court ruled in favor of Amin Chand, who enlisted in the army in 2005 and was set to retire in 2020. Before his retirement, he was diagnosed with Peripheral Arterial Occlusive Disease in his right lower limb, which led to a 20 percent disability assessment.
Despite this, he was initially denied a disability pension, prompting him to seek relief from the AFT, which ruled in his favor. In its ruling, the Court also dismissed the Centre’s appeal against this decision.
Case Name: Union Of India & Ors. v. Ex Sub Gawas Anil Madso.
Case Number: W.P.(C) 3545/2025
Bench: Justice C Hari Shankar and Justice Ajay Digpaul
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