After 37 years of distinguished service in the Indian Air Force and a gruelling 17-year legal struggle, former Senior Warrant Officer Shyam Lal Pandey of Gorakhpur has finally secured justice from the Lucknow Bench of the Allahabad High Court, which upheld his right to disability pension despite the government’s challenge.
Pandey, a resident of Sainik Kunj, Gorakhpur, joined the IAF on 23 June 1980 and retired on 31 December 2017 after more than three decades of unbroken service. At the time of release, he was suffering from diabetes, hypertension and an eye ailment affecting his right eye, and was assessed with 60% lifelong disability. However, a Medical Board termed these ailments “non-attributable to service”, and he was denied disability pension.
He first appealed to the Government of India, but received no relief. He then approached the Armed Forces Tribunal (AFT), Lucknow, which ruled in his favour and directed the authorities to release all admissible benefits within four months. The government challenged the AFT order before the High Court.
A Division Bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai, after detailed scrutiny, dismissed the government’s writ petition and upheld the AFT’s decision. The court held that the mere place or timing of detection of an illness cannot by itself sever the link with military service. It emphasised that the entire service record, nature of duties, conditions of service and deployment must be considered holistically.
The judgment noted that the diseases in question were not recorded at the time of enrolment and manifested during long military service. The court criticised the Medical Board’s reasoning as mechanical and insufficient, stating that a medical opinion cannot be a mere formality and must be backed by adequate reasons. It ruled that disability pension cannot be denied based on an unreasoned medical opinion, especially when the veteran has rendered over 37 years of service.
The bench also observed that delayed manifestation of symptoms does not automatically break the causal connection with service, and that the government’s attempt to set aside the AFT order was unsustainable. With this order, Pandey’s entitlement to disability pension stands confirmed, marking not just an individual victory but a significant precedent for veterans fighting similar battles.
Pandey was represented by advocate Vijay Kumar Pandey.