HP High Court issues notice to Centre on Navy veteran’s disability pension plea
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Shimla, Nov 17,
The Himachal Pradesh High Court has issued notice to the Union government on a petition filed by an 80-year-old former Navy sailor seeking disability-related pension benefits, after observing that the Armed Forces Tribunal may not have considered a key Supreme Court precedent while rejecting his claim.
The Division Bench of Chief Justice G. S. Sandhawalia and Justice Jiya Lal Bhardwaj passed the order while hearing the plea filed by Sant Kumar, whose disability pension claim was earlier dismissed by the Armed Forces Tribunal on May 23, 2025.
During the hearing, the Bench recorded the petitioner’s contention that the Tribunal had rejected the claim on the ground that the matter had attained finality when an earlier writ petition filed by him was allowed in 2004 only with respect to disability pension, and the appeal was also dismissed that same year.
The court noted that the petitioner had served 10 years in the Indian Navy and was originally granted only disability pension on the ground that he had not completed the minimum qualifying service of 15 years required for grant of regular pension. Referring to the argument raised before it, the Bench observed that the petitioner’s case drew support from the Supreme Court’s judgment in Union of India & Ors. vs. V. R. Nanukuttan Nair (2019) 19 SCC 690.
Quoting from the petitioner’s submissions, the Bench recorded that in the cited judgment, “the disability pension also consists of a service element and… an individual who has completed a period of 10 years would, as such, be entitled for the said benefits,” an aspect the petitioner argued was not considered by the Tribunal while deciding his case.
The court also noted the plea that dismissing the petition outright could adversely affect not just the petitioner but also his wife, who would otherwise be entitled to family pension. It observed that the issue was of a “recurring cause of action,” especially in view of the petitioner’s advanced age.
Issuing notice to the Union government, the court recorded that Senior Panel Counsel Avinash Jaryal “waives and accepts notice” on behalf of the respondents. The matter has been listed for further hearing on December 23, 2025.
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