The court emphasized that vague medical board justifications for denying disability pensions must be adequately detailed and must consider the aggravating effects of military service on health conditions.

P.V.BALAKRISHNAN,J

This writ petition is filed by the respondents in O.A. No.234 of 2021, challenging the order dated 29.09.2023 passed by the Armed Forces Tribunal, Regional Bench, Kochi, allowing the application in part.

2. The applicant had joined the Indian Air Force on 30.08.1978 as Electrical Fitter and he superannuated from service on 30.04.2018. The Release Medical Board assessed the applicant's disabilities as (i) CAD-DVD (LCX & RCA) P/POBA to RCA at 20%, (ii) Primary Hypertension at 30% and (iii) Parkinson's Disease Stage-I at 20%. The composite disability was assessed at 60% for life. But the diseases were found not attributable to or aggravated by service. The appeal and the second appeal preferred by the applicant against denial of disability pension were rejected. Hence, he approached the Tribunal.

3. The Tribunal, after considering the materials on record and hearing both sides, allowed the O.A. in part. Even though it upheld the findings that the diseases CAD-DVD (LCX & RCA) P/POBA to RCA (125.0,Z09.0) and Primary Hypertension (110.0,Z09.0) are neither attributable to nor aggravated by service, found that the Parkinson's Disease Stage-1 suffered by the applicant is to be considered as aggravated by service. Accordingly, the Tribunal held that the applicant is entitled to disability pension @ 20% for life with the benefit of rounding off to 50%, from his date of retirement.

4. Heard Adv. M.Shajna learned Central Government Counsel appearing for the petitioners and Adv.Rati Varma, learned counsel appearing for the respondent.

5. The learned Counsel for the petitioners submitted that the disabilities of the applicant is primarily because of his obesity due to dietary indiscretion, sedentary life style and lack of exercise. According to her, these are modifiable factors under the control of the individual himself and is not attributable to or aggravated by service conditions. She further submitted that, irreversible damage to the cerebral arteries is connected with obesity and therefore, the Tribunal erred in granting disability pension to the applicant.

6. Per contra, the learned counsel for the respondent supported the impugned order and contended that the Parkinson disease suffered by the applicant, was aggravated by his service conditions.

7. In the instant case, there is no dispute regarding the fact that the applicant got enrolled in Indian Air Force on 30.08.1978 and was discharged on attaining superannuation on 30.04.2018. At the time of enrollment, the applicant was admittedly in a medically fit condition. The Release Medical Board assessed the applicant's disabilities (i) CAD-DVD (LCX & RCA) P/POBA to RCA at 20%, (ii) Primary Hypertension at 30% and (iii) Parkinson's Disease Stage-I at 20% (compositely 60%) for life and also found that they are not attributable to nor aggravated by the Air Force Service. As stated earlier, the Tribunal has found that the Parkinson disease suffered by the applicant was aggravated by service and has ordered grant of disability element of pension to him.

8. Now, the only question to be considered is whether the said finding of the Tribunal requires any interference. It is to be seen that going by paragraph 20 of the Guide to Medical Officers (Military Pensions), 2002 as amended in 2008, the exact cause of Parkinson disease is not known and the course of the disease may be held to be hastened by stress and strain of service in an individual with an established disease, by conceding the benefit of reasonable doubt. In the present case, the applicant has put in nearly 40 years of service wherein, he would invariably have gone through the rigors of military life. It must