28.5c India
The government has been fined ₹15,000 by the Delhi High Court for postponing the execution of an Armed Forces Tribunal (AFT) ruling that would have granted Capt: Anamika Dutta, a former female Army officer, a disability pension.
The officer suffered needless distress when the court decisively rejected the government's appeal, which was submitted over a year later, bringing a sense of finality to the case.
After enlisting in the Indian Army in 1996 as a Short Service Commission officer, Capt Dutta was dismissed from service early in 2002 because of severe back pain worsened by the harsh conditions of his Leh assignment, which involved long hours of physical labor in extreme weather conditions.
The government disputed the AFT's recognition of her impairment as service-related, claiming she had the condition before joining. The Delhi High Court, however, maintained the AFT's ruling, pointing out that the government's argument was unsupported by any evidence.
Additionally, the bench maintained that she was eligible for pension payments due to the broad-banding of her impairment percentage to 50%. Reiterating that officers must pass stringent medical exams before induction and that any disability sustained after duty must be assumed to be attributable to service, the court strongly criticized the government's needless delay, holding them accountable for their actions.