Delhi HC Sets Aside Disability Pension Award, Remands Case To Tribunal For Fresh Review

Delhi High Court

In a significant ruling concerning military disability pensions, the Delhi High Court on Wednesday overturned a previous decision by the Armed Forces Tribunal that had granted disability pension to a retired Air Force Sergeant.

The matter has now been sent back to the Tribunal for fresh evaluation.

Background Of The Case

The case was heard on July 17, 2025, by a Division Bench comprising Justice C. Hari Shankar and Justice Ajay Digpaul. The petitioner, Sgt. Kamal Kumar, had joined the Indian Air Force in December 2000 and was discharged in December 2020 after completing 20 years of service. During his tenure, he was diagnosed with a congenital bicuspid aortic valve, along with moderate aortic stenosis and mild aortic regurgitation.

After being denied disability pension by the authorities, Sgt. Kumar approached the AFT. The Tribunal, relying on the Supreme Court’s decision in Dharamvir Singh vs. Union of India, ruled in his favour and granted him disability pension on February 1, 2023.

Government’s Challenge To The Ruling

The Union of India challenged the Tribunal’s decision, arguing that Sgt. Kumar’s condition was congenital and therefore not attributable to military service. The government was represented by Central Government Standing Counsel (CGSC) Premtosh K. Mishra, with legal support from Sarthak Anand and Prarabdh Tiwari. Additionally, Sgt. Manish Kumar Singh and Sgt. Mritunjay from the Air Force Legal Cell were present in court.

Argument For Aggravation Due To Service

Representing Sgt. Kumar, Advocate Raj Kumar argued that although the medical condition was congenital, it had worsened over the course of his two-decade service. This progression, he claimed, indicated aggravation due to the demands of military duty, thus justifying the disability pension.

Court’s Observations & Directions

The Delhi High Court acknowledged that while the condition was congenital, that alone did not rule out the possibility of service-related aggravation. Justice C. Hari Shankar remarked that Sgt. Kumar retained the right to argue that later-developing complications were linked to his military service.

The Court found that the AFT had not adequately examined whether Sgt. Kumar’s condition was aggravated by his duties. Consequently, the Court quashed the Tribunal’s February 2023 order and remanded the case for a fresh hearing. The AFT has been instructed to reconsider the matter on August 12, 2025, with a request for an expedited process.

Significance Of The Judgment

This ruling reinforces that congenital medical conditions do not automatically disqualify armed forces personnel from disability pensions. If a link between service and medical aggravation is reasonably established, the claim merits thorough judicial review. The judgment sets an important precedent for more nuanced evaluation in similar future cases.