Causal connections between military service and a disability must be established for pension entitlement, grounding the tribunal's decision.

JUDGMENT

Dated the 12^th day of February, 2026 K. NATARAJAN This writ petition is filed by the Union of India for setting aside the order dated 02.11.2022 passed by the Armed Force Tribunal, Regional Bench, Kochi in O.A No. 266 of 2018, wherein the AFT granted disability element of pension to the respondent and directed respondent Nos. 4 and 5 therein/appellants 4 and 5 to issue corrigendum PPO.

2. We have heard the arguments of the Senior Panel Counsel and the learned counsel for the respondent.

3. The case of the respondent/applicant before the AFT was that he was EX-Ris Major who was enrolled in the Indian Army on 31.10.1981 and after completion of his service about 31 years, 7 months and 1 day, he was discharged from the service with disabilities of ‘Complete Heart Block’ and Non-Alcoholic Steato Hepatitis’. The disability of ‘Complete Heart Block’ was considered as not attributable to service and Non-Alcoholic Steato Hepatitis was considered as aggrevated by service. However, he was denied the disability element of pension payable to him. Against the decision taken by the appellate authority, the respondent approached the AFT. After considering the case of the respondent, the Tribunal passed the impugned order by granting the disability element of pension as stated in the impugned order which is under challenge.

4. The learned senior panel counsel has strenuously contented that the AFT committed error in granting the disability element of pension by ignoring the doubt expressed by the Appeal Medical Board in its opinion that the individual suffers from persistent grade-II Fatty liver and thereby, extended the benefit of doubt in favour of the individual and the ID was conceded as aggravated by service and that it is not covered under the GMO, 2002 and Amendment Regulation, 2008. Notwithstanding the above, the Tribunal granted the disability element of pension by ignoring the orders passed by the appellate authority where they had considered the disability element of the respondent assessed by Appeal Medical Board. The petitioner contended that the disability is not aggravated by the military service. But, the Appellate Medical Board, in its opinion, raised a doubt as to whether it is aggravated by the military service and therefore, the disability is not confirmed by the Board. It is also contented that in view of the same, the order of the AFT is not sustainable and hence, he prayed for setting aside the same.

5. Per contra, the learned counsel for the respondent supported the order passed by the AFT contenting that respondent had put in service for more than 31 years 7 months and he had joined the service in the year 1981 as Sepoy. During the year 1984, he suffered from ‘Viral Hepatitis’ and he was undergoing treatment. Later, in 2013, the Medical Board opined that it was not aggravated or not attributable to the military service. But, the respondent was discharged with the disability of ‘Complete Heart Block’ which has to be considered as attributable to the military service. But, the authorities denied the elements of disability pension. Therefore, he has approached the First Appellate Authority, who rejected his request.

6. Being aggrieved, he has filed an appeal before the Second Appellate Authority who, in turn, constituted an Appeal Medical Board for verifying the request of the respondent. As per the opinion of the Appeal Medical Board, the disease was aggravated by the military service and considering the same, AFT has rightly granted the element of disability pension, it is argued. It is also contented that the Tribunal also relied upon the judgment of the Hon’ble Apex Court in Secretary, Ministry of Defence and Others v. A.V. Damodaran [ 2009 (9) SCC 140 ] and the