Helpful Rulings
Key Armed Forces Tribunal rulings that benefit defence personnel — explained in plain language so you know your rights.
Can a Soldier Get Disability Pension Even Without Direct Medical Proof?
Yes. The AFT has consistently held that when a disability is found during or after service, the benefit of doubt must go to the soldier. Pension authorities cannot reject a disability pension claim merely because there is no direct medical document linking the disability to a specific service incident. If the disability existed at the time of release, the presumption is in favour of the soldier.
Read more →Can Family Pension Be Denied to a Widow on Technical Grounds?
No. The Armed Forces Tribunal has ruled that family pension is a right, not a bounty, and cannot be denied to a widow or dependant family member on mere technicalities — such as a delay in filing, a missing document, or a procedural lapse by the authorities. The Tribunal takes a compassionate and liberal view in family pension cases.
Read more →Will the AFT Dismiss My Case If I Filed After the One-Year Deadline?
Not necessarily. The AFT has adopted a liberal approach to condoning delays, recognising that service personnel often face genuine difficulties — remote postings, lack of legal awareness, pursuing the matter through representations, or health issues. Where the delay is satisfactorily explained and no third-party rights are affected, the Tribunal generally condones the delay and hears the case on merits.
Read more →Can a Soldier Get a Higher Disability Percentage Than What the Medical Board Assessed?
Yes. The Armed Forces Tribunal regularly directs broad banding — reclassification of disability from a lower percentage slab to a higher one — when the medical board assessment is found to be inadequate, arbitrary, or not in line with the applicable guidelines. This directly increases the disability pension amount.
Read more →What Can Be Done If the Authorities Do Not Follow an AFT Order?
The Armed Forces Tribunal has the power to initiate contempt proceedings against authorities who fail to comply with its orders. If an AFT order directing disability pension, family pension, arrears, or any other relief is not implemented within the directed timeline, a contempt application can be filed to compel compliance.
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