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Delhi High Court Throws Out 300 Defence Ministry Appeals on Soldiers’ Disability Pensions

Reaffirming Supreme Court guidelines, the court shifted the burden of proof away from veterans by mandating that medical boards record detailed rationales for disability assessments.

Indian Army | Representational image | Photo: PTI
Representational image.

Overview

  • On July 1, a bench of Justices Shalinder Kaur and Navin Chawla dismissed roughly 300 appeals by the Ministry of Defence challenging awards of disability pensions to armed forces personnel.
  • The judgment confirmed that veterans need not prove service connection for disabilities and are entitled to the benefit of doubt unless a medical board shows a pre-existing condition.
  • The court framed disability pensions as rightful acknowledgements of soldiers’ sacrifices rather than acts of generosity by the state.
  • It ordered all medical boards to provide clear, cogent reasons in their reports to ensure transparent and precise adjudication of disability claims.
  • The decision follows repeated Supreme Court and Armed Forces Tribunal admonitions and fines against the Defence Ministry for excessive litigation over settled pension cases since 2017.