Disability pension - Hypertension diagnosed during service tenure can not be rejected as "lifestyle disorder"

Delhi High Court Upholds Armed Forces Tribunal's Decision on Disability Pension for Retired Air Force Officer. Court Affirms Entitlement of GP Capt T Kumaresan to Disability Pension for Primary Hypertension Diagnosed During Service

In a significant judgment delivered on July 25, 2025, the Delhi High Court upheld the decision of the Armed Forces Tribunal, Principal Bench, New Delhi, which granted disability pension to GP Capt T Kumaresan (Retd) for his medical condition diagnosed as Primary Hypertension during his tenure in the Indian Air Force. The judgment was delivered by a Division Bench comprising Justices Navin Chawla and Shalinder Kaur, dismissing the petition filed by the Union of India challenging the Tribunal's order.

GP Capt T Kumaresan, who served in the Indian Air Force from August 30, 1984, until his superannuation on May 31, 2018, was diagnosed with Primary Hypertension while posted at Sulur, Tamil Nadu. Prior to his retirement, a Release Medical Board assessed his disability at 30% for life but rejected his claim for disability pension, citing that Hypertension is a lifestyle disorder and was detected at a peace station, not attributable to or aggravated by military service.

Challenging this rejection, Capt Kumaresan approached the Armed Forces Tribunal, which granted him the disability pension, rounding off the disability assessment to 50% for life. The Tribunal's decision was grounded on the precedent set by the Supreme Court in Dharamvir Singh v. Union of India, which asserts the presumption of sound health upon entering service, unless noted otherwise at enlistment.

The Union of India, represented by Mr. Satya Ranjan Swain and Mr. Kautilya Birat, argued before the High Court that the Tribunal erred by relying solely on the Dharamvir Singh judgment without considering the findings of the Release Medical Board. The petitioners contended that the respondent's condition was neither attributable to nor aggravated by military service, thus disqualifying him from receiving disability pension.

However, the High Court, after reviewing the submissions and the medical board's opinion, found the reasons for rejecting the disability pension to be unjustified and arbitrary. The court noted that labeling Hypertension as a lifestyle disorder without examining the individual's service record or medical history lacked sufficient grounds. Furthermore, the court deemed it unfair to deny pension based on the detection of the condition in a peace station, unrelated to field area postings.

The judgment highlighted the importance of a detailed examination of service conditions and medical history in such cases. The court underscored that mere assertions of lifestyle disorders and detection at peace stations were inadequate to deny disability pension.

Ultimately, the Delhi High Court dismissed the petition by the Union of India, affirming the Tribunal's decision to award GP Capt T Kumaresan the disability pension for his condition, thereby setting a precedent for future cases involving similar circumstances.

Bottom Line:

Disability pension - Primary Hypertension diagnosed during service tenure - Rejection of disability pension by Release Medical Board on grounds of "lifestyle disorder" and detection at peace station, held to be unjustified, arbitrary and unfounded without considering service records or medical history - Entitlement for disability pension confirmed.

Statutory provision(s): Article 226 of the Constitution of India, Entitlement Rules 1982, Entitlement Rules 2008, Guide to Medical Officers (Medical Pension) 2008

Union of India v. GP Capt T Kumaresan Retd S No 17662, (Delhi)(DB) : Law Finder Doc id # 2756892