Has the Delhi HC Ordered the Army to Provide Disability Pension to a Retired Nursing Officer?
Click to start listening
Synopsis
In a landmark decision, the Delhi High Court has ordered the Union government to approve a disability pension for retired nursing officer Dropadi Tripathi, who has been battling obesity and hypertension after 36 years of military service. This ruling highlights the court's commitment to ensuring justice for veterans facing health challenges.
Key Takeaways
- Delhi High Court mandates disability pension for veterans.
- Importance of medical evidence in disability claims.
- Burden of proof lies with the administration, not the veteran.
- Rounding off disability pension benefits acknowledged.
- Legal recognition of health issues faced by retired military personnel.
New Delhi, Sep 30 (NationPress) The Delhi High Court has mandated the Union government to disburse a disability pension to a retired nursing officer who dedicated over 36 years of service in the army.
The petitioner, Dropadi Tripathi, enlisted in the army in 1969 and retired in 2006. She was diagnosed with obesity and hypertension.
The Release Medical Board (RMB) evaluated her disability as 1–5 percent for obesity and 30 percent for hypertension.
Tripathi sought a disability pension due to the health issues that prompted her discharge from service; however, her application was initially denied by the authorities, a decision upheld by the Armed Forces Tribunal (AFT) in April 2023.
In a recent ruling, a division bench comprising Justices C. Hari Shankar and Om Prakash Shukla overturned the AFT's ruling, stating that the tribunal incorrectly linked her hypertension solely to obesity, with no medical board or specialist substantiating such a connection.
The bench stated, "The tribunal's decision is clearly contrary to established law. It was unjustified in drawing a causal link between the hypertension and obesity, especially when no such connection was noted by the RMB or the specialist assessing the petitioner."
The Delhi High Court also reaffirmed that the onus of proving a causal relationship between disability and military service lies with the administration, not the applicant.
“It is common knowledge that not every obese individual suffers from hypertension, and not every hypertensive person is obese,” the court emphasized, dismissing claims that Tripathi's hypertension was self-inflicted due to her weight management.
In light of this, the bench instructed: “The respondents (authorities) must release the disability pension to the petitioner as requested, retroactively from her discharge date, along with arrears within twelve weeks from today. Any delay will incur interest at a rate of 9 percent per annum until payment is made.”
Furthermore, the Delhi High Court allowed her the benefit of rounding off the disability pension to 50 percent in accordance with a Supreme Court ruling, clarifying that this rounding off will be effective from the date of the Ram Avtar judgment.
Point of View
It's essential to recognize the Delhi High Court's ruling as a vital step towards supporting veterans who face health challenges post-service. The decision underscores the obligation of the government to uphold the rights of its former servicemen and women, ensuring that they receive the benefits they are entitled to.
NationPress
30/09/2025
Frequently Asked Questions
What health issues did Dropadi Tripathi face?
Dropadi Tripathi was diagnosed with obesity and hypertension after serving in the army for over 36 years.
What was the outcome of her disability pension claim?
The Delhi High Court ordered the Union government to grant her the disability pension after initially being denied by the Armed Forces Tribunal.
What did the Delhi High Court say about the link between obesity and hypertension?
The court stated that no causal connection between her hypertension and obesity was established by medical authorities.
What is the timeline for the disbursement of the pension?
The court directed the authorities to release the pension within twelve weeks from the ruling date.
Will she receive any additional benefits?
Yes, the court granted her the benefit of rounding off the disability pension to 50 percent in line with a Supreme Court ruling.
