Smoking 10 Bidis A Day: Supreme Court Rejects Ex-Army Man's Disability Pension Plea

Last Updated:February 18, 2026, 18:21 IST

The top court examined the First Medical Report and the opinions of the Medical Board, which noted that the ex-soldier had a habit of smoking about 10 bidis daily

In a ruling that could influence future claims related to military disability pensions, the Supreme Court has dismissed an appeal by a former Army personnel seeking compensation for a brain stroke, holding that the condition was caused by lifestyle issues rather than military service, as reported by Bar & Bench.

A Bench of Justices Aravind Kumar and PB Varale upheld an earlier decision of the Armed Forces Tribunal (AFT), finding no merit in the claim that the illness was attributable to, or aggravated by, service conditions. The case, Sarvesh Kumar vs Union of India, has sparked renewed discussion around the balance between personal responsibility and entitlement to benefits under military pension rules.

According to Bar & Bench, the appellant, Sarvesh Kumar, had suffered an ischemic stroke and sought disability pension on the ground that the condition was linked to his military service. After the AFT rejected his plea, he approached the Supreme Court challenging the decision.

The top court examined the First Medical Report and the opinions of the Medical Board and the Medical Review Board, which noted that the former soldier had a long-standing habit of smoking about ten bidis daily. Based on these findings, the court concluded that the illness was neither attributable to service nor aggravated due to service conditions.

Citing Regulation 173 of the Pension Regulations for the Army, 1961, and paragraph 6 of the Guide to Medical Officers, 2002, the Bench observed that compensation cannot be granted for disablement or death arising from factors within an individual’s control, including the use of alcohol, tobacco or drugs.

As reported by Bar & Bench, the judges noted that the disease, described in medical records as “Stroke Ischemic RT MCA Territory", is medically understood to occur when a blood clot or fatty plaque blocks an artery supplying blood to the brain. Smoking, they said, is a recognised risk factor for such a condition.

The medical boards had consistently concluded that continuous smoking could have led to the stroke and that there was no causal connection with military service. Accepting these findings, the Supreme Court found no reason to interfere with the tribunal’s order and dismissed the appeal.

The ruling reinforces the legal requirement that a clear and direct link must be established between a medical condition and service circumstances to qualify for disability pension. It also reiterates that illnesses arising from personal habits fall outside the scope of compensation under existing Army pension rules, a position the court said is clearly reflected in the regulations cited by the tribunal.

News india Smoking 10 Bidis A Day: Supreme Court Rejects Ex-Army Man's Disability Pension Plea

Read More