Women Lieutenant Colonels of the Army Ordnance Corps and the Army Service Corps can now take their Permanent Commission career progression dispute to the Armed Forces Tribunal, with the Supreme Court leaving the challenge itself undecided. New Delhi: Granting liberty to women officers of the Army Ordnance Corps and the Army Service Corps to approach […]
Disposing of a batch of about 271 appeals by the Union against the grant of disability pension to ex-servicemen, the Supreme Court held that the 2008 Entitlement Rules, though they removed the automatic presumption of attributability, did not dismantle the claimant-protective structure, and that the primary burden of proof stays on the establishment for claims made within fifteen years. Most of the appeals were also barred by delay.
The Jammu and Kashmir and Ladakh High Court held that the Central Government cannot restrict disability-pension arrears to only three years before a claim is filed once a retired soldier’s entitlement has been legally recognized, reaffirming veterans’ rights to full pension benefits.
Supreme Court of India sought Union response on vacancies in Armed Forces Tribunal. Bench of Surya Kant and Joymalya Bagchi sought R Venkataramani assistance, listing hearing.
The Supreme Court ruled that disability pension is a vested legal right and not an ex gratia payment dependent on government mercy. Dismissing the Centre’s appeal, the Court held that denying due arrears violates Article 300A and amounts to deprivation of property.
The Delhi High Court held that merely describing primary hypertension as a lifestyle disorder cannot justify denying disability pension to a retired Indian Air Force officer. The Court emphasized that medical authorities must assess individual-specific factors before rejecting.
Delhi High Court grants disability pension to a retired Army Nursing Officer, overturning the Armed Forces Tribunal decision. The court clarified that “not every obese person has hypertension,” rejecting the previous denial based on obesity and hypertension link.
The Supreme Court asked the Indian Air Force to rethink denying family pension to stepmothers of deceased servicemen. It emphasized that being a biological mother should not be the only basis for support under the pension scheme.
Supreme Court says step-mothers who raise children like their own deserve pension rights. Urges Centre to liberalise pension rules under Air Force regulations.
The Delhi High Court criticized the denial of disability pensions to soldiers, emphasizing their hardships in extreme conditions. The court upheld the Armed Forces Tribunal’s decision, directing the grant of disability pensions to two soldiers. It remarked that while civilians enjoy comfort, soldiers endure harsh conditions. The ruling reinforces the need for fair treatment of armed forces personnel.
