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The Delhi High Court's recent decision to uphold the disability pension orders for two army personnel underscores a crucial aspect of societal responsibility towards those who serve in the armed forces. The judgment, delivered on March 27th, serves as a powerful reminder that the sacrifices made by soldiers extend beyond the battlefield and encompass the constant threat of disease and disability arising from the harsh and often inhospitable conditions they endure. By refusing to interfere with the orders directing payment of disability pension, the court has reaffirmed the nation's obligation to provide support and solace to these individuals who have dedicated their lives to protecting the country. The court’s invocation of former US President John F. Kennedy’s famous quote, “Ask not what your country can do for you; ask what you can do for your country,” adds a layer of moral weight to the ruling. It highlights the immense contributions made by soldiers, often in silence and obscurity, while the rest of society enjoys the comforts and freedoms they safeguard. The judgment implicitly acknowledges that the nation, in turn, must do what it can for those who have given so much. The court's observation that the human body, being made of skin and bones, cannot always keep pace with the spirit of service, is particularly poignant. It recognizes the physical toll that military service takes on individuals, even those with unwavering dedication and courage. The laws providing for disability pension are thus seen not as mere acts of charity, but as just recompense for the sacrifices made and the physical hardships endured. The case before the court involved two officers who were denied disability pension despite suffering from debilitating conditions. One officer, who served from 1985 to 2015, developed diabetes mellitus Type II. The other officer, in the Defence Security Corps, suffered from 'peripheral arterial occlusive disease right lower limb'. The Centre's argument that the officers were on 'peace posting' and their diseases were not attributable to or aggravated by their military service was ultimately rejected by the court. This rejection is significant because it demonstrates the court's understanding of the complex relationship between military service and health outcomes. The court correctly pointed out that even in so-called 'peace postings', stressful living conditions can contribute to the development or exacerbation of diseases like diabetes. The court emphasized the responsibility of the Release Medical Board (RMB) to thoroughly investigate the causes of diseases and to provide clear evidence that they are not attributable to military service. The judgment explicitly states that the RMB cannot simply rely on the assertion that an officer was on a peace posting to deny disability pension. The court also acknowledged the possibility that diseases can remain dormant for extended periods before manifesting themselves. This recognition is crucial because it challenges the assumption that diseases that appear during a peace posting are necessarily unrelated to prior military service. The court's decision to dismiss the Centre's writ petitions and uphold the orders of the Armed Forces Tribunal (AFT) is a victory for military personnel and a reaffirmation of their rights. It sends a clear message that the nation values the sacrifices made by its soldiers and is committed to providing them with the support they need when they are no longer able to serve. This judgment has far-reaching implications for disability pension cases involving military personnel. It sets a precedent for a more thorough and nuanced assessment of the relationship between military service and health outcomes. It also places a greater onus on the RMB to provide compelling evidence when denying disability pension claims. In addition to its legal significance, the judgment also has a broader social and moral significance. It serves as a reminder that the freedoms and comforts enjoyed by society are often secured at the expense of the health and well-being of those who serve in the armed forces. The nation, therefore, has a moral obligation to care for these individuals and to provide them with the support they need when they are no longer able to serve. The Delhi High Court's decision is a step in the right direction towards fulfilling this obligation. The court's emphasis on the importance of financial benefits, such as disability pension, highlights the need for a comprehensive system of support for military personnel. This system should include not only financial assistance but also access to quality healthcare, mental health services, and vocational training. By providing these resources, the nation can ensure that its veterans are able to live fulfilling and productive lives after their service. Furthermore, the judgment underscores the need for greater public awareness of the sacrifices made by military personnel. Many civilians are unaware of the challenges and hardships faced by soldiers, both during and after their service. By raising awareness of these issues, the nation can foster a greater sense of appreciation and support for its veterans. The Delhi High Court's decision is a reminder that the nation's obligation to its soldiers extends beyond the battlefield and encompasses a commitment to their health, well-being, and dignity. It is a call to action for society to do more to support those who have given so much. The judgment's use of Kennedy’s quote serves as a powerful bookend, reminding us all that while asking what we can do for our country is vital, recognizing and supporting those who answer that call with their very lives is paramount. By upholding the disability pension orders, the court has not only provided justice to two deserving individuals but has also reaffirmed the nation's commitment to its soldiers.
Source: 'We Sip Cappuccino, While...': Court Upholds Disability Pension Order For Soldiers