Disability Pension Must Be Granted To Voluntary Dischargee When Chronic Condition Acquired Due To Military Service: Kerala High Court

The Kerala High Court recently ruled that a person would be entitled to disability pension if his chronic disability was acquired due to military service even though he voluntarily discharged himself from service.The Division Bench of Justice K. Natarajan and Justice Johnson John was considering a plea preferred after the petitioner's application before the Armed Forces Tribunal against non-grant of disability pension was dismissed. The Tribunal had dismissed the application since the petitioner was discharged from service on his own request and since there was nothing in the Release Medical Board's certificate to show that his disability was incapable of improvement.The petitioner argued that he enrolled in the army in 1986 in a physically fit condition and after his posting in Jammu and Kashmir in 1994, he was diagnosed with Bronchial Asthma at 20% for a period of two years. His medical category was downgraded to 'BEE permanent' and was recommended to be released. Therefore, he was constrained to seek voluntary discharge due to the condition.It was also contended that Bronchial Asthma is a chronic, lifelong condition without any permanent cure and thus, the Medical Board was not justified in restricting the disability for just 2 years.Reliance was placed on Commander Rakesh Pande v. Union of India and others (2019) where the Supreme Court adjudged that a condition assessed by the Release Medical Board at 20% for 5 years as one for life.He also relied on a 2004 decision of the Delhi High Court in Mahavir Singh Narwal v. Union Of India and another that interpreted Regulation 173 of the Pension Regulations for the Army Part-I, 1961 [Primary conditions for grant of disability pension].The Central Government Counsel opposed the plea. It was pointed out that even though a letter dated 19.05.2017 of the Ministry of Defence extended disability pension to voluntarily discharged persons, the petitioner is not entitled to the benefit since there was no document to show that the ex-army personnel is still suffering from the same disability on the date of the letter.The Court considered the presumption that if a member was in sound physical and mental condition upon entering service and got subsequently discharge from service on medical grounds, it would be presumed that such deterioration in health was due to military service.It felt that the petitioner was entitled for disability pension after taking note of the fact that Bronchial Asthma is a chronic lifelong condition and also the Medical Board's finding, particularly that the disability aggravated due to military service."It is well settled that it is to be presumed that a member has been in sound physical and mental condition upon entering service, except as to physical disabilities noted or recorded at the time of entrance and in the event of his being discharged from service on medical grounds at any subsequent stage, that any such deterioration in his health which has taken place, is due to such military service...the Release Medical Board assessed the disability 'Bronchial Asthma” at 20% for two years with a definite finding that the disability is aggravated due to military service and he is also recommended to be released in Medical category BEE permanent and therefore, considering the fact that Bronchial Asthma is a chronic lifelong condition that currently has no permanent cure, we find that the petitioner is entitled for disability element of pension," the Court observed.Thus, the Court allowed the plea and directed that the petitioner be granted disability pension on the basis of assessment of 20% disability by the Medical Board in 1996 up-to-date. It also directed arrears of disability of pension to be paid within 3 months.Case No: WP(C) No. 44850 of 2024Case Title: Havildar B. Manikuttan v. Union of India and Ors.Citation: 2026 LiveLaw (Ker) 83Counsel for the petitioner: Ratheesh B., Gyothish ChandranCounsel for the respondents: S. Biju - Senior Panel CounselClick to Read/Download JudgmentRead Also: No Disability Pension Where Condition Not Attributable To Military Service: Kerala High Court

Disability Pension Must Be Granted To Voluntary Dischargee When Chronic Condition Acquired Due To Military Service: Kerala High Court

K. Salma Jennath

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