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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.NATARAJAN, JOHNSON JOHN
Havildar B. Manikuttan, S/o. Late. Bhaskaran Kollantepadetathil – Appellant
Versus
Union Of India, Represented By Its Secretary, Ministry Of Defence – Respondent
| Table of Content |
|---|
| 1. disability pension eligibility criteria (Para 3 , 4) |
| 2. interpretation of military service-related disability pensions (Para 5 , 6 , 8) |
| 3. aggravation of conditions due to military service (Para 7 , 10) |
| 4. writ petition granted for disability pension (Para 11) |
Judgment :
Johnson John, J.
1. The writ petitioner was the applicant in O. A. No. 21 of 2024 before the Armed Forces Tribunal, Regional Bench, Kochi and as per order dated 27.06.2024, his application against non grant of disability pension was dismissed for the reason that he was discharged from service on own request and that the applicant was assessed by the Release Medical Board with the disability ‘Bronchial Asthma’ at 20% for a period of two years and there is nothing in the certificate to show that the disability is incapable of improvement.
2. Heard Sri. Ratheesh B., the learned counsel for the petitioner and Sri. S. Biju, the learned Senior Central Government Counsel for the respondents.
3. The learned counsel for the writ petitioner argued that the writ petitioner was enrolled in the army on 04.10.1986 in a physically and medically fit condition and in the year 1994, while he was posted at Udhampur (Jammu
A chronic disability aggravated by military service is entitled to a disability pension regardless of voluntary discharge, as established in applicable regulations.
The court affirmed that a disability pension cannot be granted if the disability is neither attributable to nor aggravated by military service, following proper medical assessments.
The absence of adequate reasoning by the Medical Board regarding disability attribution to military service invalidates denial of pension rights.
The court established that the burden of proof for disability pension claims lies with the employer, and the absence of evidence linking the condition to military service justifies the rejection of t....
The court established that the burden of proof regarding the attribution of disability to military service lies with the employer, and the presumption of sound health at enlistment is significant in ....
The court upheld the Tribunal’s decision that the medical board's assessment precluded the granting of disability pension as it found the condition was neither attributable to nor aggravated by milit....
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