The Punjab and Haryana High Court imposed a penalty of Rs $2 lakh on Defense Minister Rajesh Kumar Singh and Army Chief General Upendra Dwivedi for failing to implement orders granting disability pension to a retired Army major, despite repeated court directions.
The action came in a case involving Major Rajdeep Dinkar Pandher (retd), who underwent 24 surgeries and developed a kidney-related disease during his military service, according to a report by The Tribune.
Why the penalty against the Minister of Defense and the Army Commander?
Major Pandher, who is based in Pune, was commissioned into the Army on September 15, 2012 and is in good physical condition. He served with 4 Ladakh Scouts in Leh and held field, peace, special task group and high altitude positions.
In June 2017, he developed a medical condition while on duty and was examined at Delhi Cantonment Base Hospital, where he was diagnosed with adenomatous cystitis. After surgery, he was placed in a low medical category on September 19, 2017, the report added.
He was subsequently assessed by the Medical Classification Board six times and subsequently appeared before the Medical Release Board on September 2, 2022, at Western Command Hospital, Chandimandir.
He was recommended for release in a lower medical category. However, it was declared that his disability – assessed at 15 per cent for life – was neither attributable to nor aggravated by military service, without giving any reasons.
He was released on September 14, 2022, after 10 years of service, and his application for a disability pension was rejected on November 23, 2022.
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Disability attributed to service, and the pension cannot be doubted
The Chandigarh bench of the Armed Forces Tribunal noted in its order dated October 10, 2024, that Major Pandher underwent multiple medical evaluations and surgeries, and his disability was consistently attributed to service, the Tribune reported.
“We failed to understand the parameter adopted by the Medical Release Board for assessing disability at 15 percent for life and to declare that the applicant’s disability is neither attributable to military service nor aggravated by military service at the time of discharge from service.”
The court ruled that under the Medical Personnel (Military Pensions) Guide 2008, his disability should be assessed at 40 per cent on the basis of his serum creatinine level, making him eligible for a disability pension. This has been rounded to 50% for life in line with Supreme Court guidelines, effective 1 July 2022.
On 28 July 2025, the Supreme Court dismissed the Union government’s appeal of the court’s order, stating that Major Pandher’s entitlement to disability pension “cannot be doubted”.
No amount was received by the petitioner
After the authorities failed to implement the order, Major Pandher went to the Supreme Court again. His petition was decided on October 31, 2025 in his favor, but the pension has not yet been awarded. The report added that he then filed a contempt case against the Minister of Defense and the Army Commander.
His lawyer, Rajesh Sehgal, said that though more than two months have passed, no compliance has been made and the petitioner has not received any payment or pension order.
Justice Sudipti Sharma, in an order dated April 30, said: “On the last date of hearing, the last opportunity was given to the defendants to file a compliance affidavit with the condition that in case of failure to file, the cost of $2 lakh will be imposed.”
Since no affidavit was filed, the court granted a last chance on the condition of paying a sum $2 lakh, to be deducted equally from the salaries of both the officials and paid to the petitioner through demand promissory note.
