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Delhi High Court Rejects Obesity-Hypertension Link, Grants Disability Pension to Army Nurse

By Vinutha U
Delhi High Court Rejects Obesity-Hypertension Link, Grants Disability Pension to Army Nurse

The Division Bench, comprising Justices C. Harishankar and Om Prakash Shukla, overturned the Armed Forces Tribunal (AFT) order, which had denied the pension by assuming a connection between the petitioner’s obesity and hypertension without medical evidence

The Delhi High Court has ruled that obesity alone cannot be considered the sole cause of hypertension, ordering the Central Government to grant a disability pension to a retired female nursing officer. The Division Bench, comprising Justices C. Harishankar and Om Prakash Shukla, overturned the Armed Forces Tribunal (AFT) order, which had denied the pension by assuming a connection between the petitioner’s obesity and hypertension without medical evidence.

The court stated, “It is common knowledge that not all obese individuals have hypertension, and not all hypertensive individuals are obese. The AFT’s order appears prima facie contrary to law.” It deemed the AFT’s presumption of a link between the petitioner’s hypertension and obesity as unjustifiable.The court clarified that neither the Release Medical Board (RMB) nor the expert doctors examining the petitioner had noted any such connection. SGF11 Women's Kanjivaram Pure Soft Silk Saree With Unstitched Blouse Piece

The retired nurse, who joined the Indian Army in 1969 and served for over 36 years, had approached the AFT for a disability pension after her claim was rejected. The RMB attributed her disability 1-5% to obesity and 30% to hypertension.Under existing regulations, disability caused by hypertension qualifies for a pension. However, the AFT rejected her claim, asserting that her hypertension was caused by obesity rather than military service and referencing advice given to her to lose weight during service, The High Court rejected this reasoning. Emirates Bans Use of Power Banks Onboard Flights: What It Means for Passengers

The court reiterated that, as per established judicial precedents, if no disability existed at the time of joining the service, it must be presumed to have arisen from military service unless the medical board specifies another cause. In this case, neither the RMB nor expert doctors provided evidence linking hypertension to obesity. Consequently, the Delhi High Court directed the Central Government to release the disability pension with arrears to the petitioner.