Bombay HC – Disability Pension Protects Military Personnel Through Socio-Economic Justice
The question of law was as to the in-application of the Pension Entitlement Rules, 2008.
After 23 years of service in Army, the respondent in the first writ petition was prematurely retired from service on 1.7.2003 on the basis of the Medical Board Proceedings.
He was denied disability pension on the ground that Diabetes Mellitus was a constitutional disorder not connected with the military service.
pension is not only compensation for loyal services rendered in the past but it has a broader significance and it is a measure of socio-economic justice which inheres economic security in the fall of life when physical and mental prowess is ebbing corresponding to the aging process. The disability pension provided to the military personnel has a similar object. The military personnel who is unable to perform his duty and invalided out from service on medical ground deserves grant of pension.
In the event of the discharge of military personnel from the service on medical grounds it has to be presumed that any deterioration in health was due to service.
It is mandatory for the Medical Board to follow the guidelines and record a reason why the disease could not have been detected on medical examination prior to the entry of the military personnel in service and, that, the disease had not arisen during his service tenure.
Judgment dated 23.1.2026 of the Division Bench of the High Court of Bombay in Writ Petition No.1994 of 2024 of Union of India Vs. Lt. Col. S.K. Rathore Deceased through his widow Collen, Rathore with connected writ petitions.
