Court Recognises Service as Cause of Stress and Illness
While hearing the case, the Delhi High Court bench comprising Justices C. Harishankar and Ajay Digpaul stated that when a candidate joins the armed forces, a thorough physical and mental examination is conducted. If found completely healthy, any subsequent illnesses should be linked to the conditions of their service. The court clarified that illnesses like high blood pressure and diabetes can result from the nature of military service, specifically the high pressure and stress involved.
Government and Air Force Objections Rejected
In this case, Group Captain Johri had filed a petition in the Armed Forces Tribunal (AFT) seeking a disability pension. The AFT ruled in his favour. However, the central government and the Air Force challenged this decision in the Delhi High Court. The High Court dismissed their petition and upheld the AFT’s order. Group Captain Johri had stated in his petition that he developed high blood pressure and Type-II diabetes during his service. Considering this fact, the Armed Forces Tribunal (AFT) had ruled in his favour.
Court Orders Pension and Interest from 1996
The Delhi High Court also ordered the central government to grant Girish Kumar Johri a disability pension from 1996, the year he contracted these illnesses, for the rest of his life. This pension will be equivalent to 50% of his basic salary and will be in addition to his retirement pension. The court further directed the government to pay 6% annual interest on the arrears from 1996 to the present date. The entire amount must be disbursed within three months.
A Ray of Hope for Armed Forces Personnel
This Delhi High Court decision offers a new ray of hope for officers and personnel in the armed forces who struggle with health issues arising during their service. This judgment clarifies that illnesses stemming from the stressful environment of military service can be considered service-related disabilities, enabling the receipt of a disability pension. This landmark decision not only paves the way for financial assistance for serving and retired armed forces officers but also represents a just acknowledgement of their mental and physical struggles.