Delhi high court upholds order on soldiers' disability payments: ‘While we sip our cappuccinos….'

Delhi high court said that soldiers brave harsh conditions to defend the country while ‘we sip our hot cappuccinos by the fireplace’ while refusing to interfere with orders of the Armed Forces Tribunal directing payment of disability pension to two army personnel.

A bench headed by Justice C Hari Shankar said that while "we sip our hot cappuccinos by the fireplace", soldiers are "braving icy winds at the border, willing to lay down their lives at a moment's notice", PTI reported.

The bench said that the possibility of disease and disability comes as a ‘package deal’ with the desire and determination of serving the country. It added that the bravest of soldiers are prone to fall prey to bodily ailments which may be ‘disabling in nature’.

"In such circumstances, the least that the nation can do, by way of recompense for the selfless service that the soldier has lent it, is to provide comfort and solace during the years that remain," PTI quoted the bench, also comprising Justice Ajay Digpaul, as saying.

"There are those who make it part of their lives, and are willing to sacrifice their all for their country -- who, while we sip our hot cappuccinos by the fireplace, are braving icy winds at the border, willing to lay down their lives at a moment's notice. Can anything that the nation, and we as its citizens, give to these true sons of the motherland, ever be too much?" the bench said.

The bench also recalled former US President John F Kennedy's "stirring words" on patriotism from his inaugural speech given in 1961 in Washington DC.

"President John F Kennedy's stirring words during his inaugural address represent, to this day, the grand summation of everything that patriotism, and love for one's nation, means and represents: 'Ask not what your country can do for you; ask for what you can do for your country.’

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What is the case in which the Delhi high court invoked John F Kennedy?

The case pertains to two army officers, who were denied disability relief citing ‘peace postings’.

The Centre had challenged orders of the Armed Forces Tribunal allowing disability pension to a former officer who enrolled in 1985 and was discharged from service in 2015 as he was suffering from diabetes mellitus Type II.

Another officer in the army's Defence Security Corps was denied disability pension despite suffering from 'peripheral arterial occlusive disease right lower limb'. The Centre argued that the officers were on "peace posting" and their disease was not attributable to or aggravated by their military service.

Noting that the onset of the disease in both the cases was during the course of military service of the officers, the court said a mere statement that there was peace posting was insufficient to discharge the onus on the Release Medical Board (RMB) to show that the disease was not attributable to the service.

The court said that diabetes could be caused by stressful living conditions. It also added that military personnel suffer various postings during their service, and the mere fact that the onset of an ailment might have been while the officer was on a peace posting does not incontrovertibly indicate that the disease was not attributable to military service.

"We reiterate, for example, that there are diseases and ailments, which may have arisen, but may remain dormant for a period of time before becoming manifest," the bench stated.

"For all the aforesaid reasons, both the writ petitions are dismissed in limine. The impugned orders passed by the learned AFT are upheld in their entirety," the court ordered.