Kerala High Court Delivers Landmark Ruling on Disability Pension for Ex-Servicemen
The Kerala High Court has issued a significant judgment affirming that an ex-serviceman remains entitled to disability pension if the disability was aggravated by military service, even in cases where the individual voluntarily sought discharge from service on medical grounds. This ruling sets a crucial precedent for veterans' rights and benefits.
Case Background: Havildar B Manikuttan's Legal Battle
A bench comprising Justices K Natarajan and Johnson John delivered this landmark ruling while allowing an appeal filed by Havildar B Manikuttan of Mavelikkara. The appellant had challenged an order from the regional bench of the Armed Forces Tribunal, which had dismissed his petition seeking disability pension.
Manikuttan was enrolled in the Indian Army in 1986. In 1994, while posted at Udhampur in Jammu and Kashmir, he was diagnosed with bronchial asthma. Subsequently, his medical category was downgraded to 'BEE permanent', indicating a stable, long-term medical limitation that constrained him to seek discharge from service on medical grounds.
Arguments Presented by the Petitioner
The petitioner contended that although the medical board assessed the degree of disablement due to bronchial asthma at 20% for a probable duration of two years, the medical sheet nevertheless recommended his release in the 'BEE permanent' category. He further submitted that bronchial asthma is a chronic, lifelong condition with no permanent cure and that his disability had been aggravated due to military service.
Central Government's Opposition
Opposing the appeal, counsel for the central government argued that the disability assessed by the medical board was only temporary and not permanent, as it was assessed for a period of two years. It was also contended that the petitioner was not invalided out of service but had voluntarily sought discharge, rendering his claim for disability pension unsustainable under existing regulations.
High Court's Observations and Rationale
The High Court, however, made several critical observations in its judgment:
- A member of the armed forces is presumed to be in sound physical and mental condition at the time of enrolment.
- Any deterioration in health leading to discharge on medical grounds at a later stage must, unless proved otherwise, be attributed to military service.
- In the present case, the disability was aggravated by military service, and the petitioner had been recommended for release in the 'BEE permanent' medical category.
Taking into account the chronic and lifelong nature of bronchial asthma, the High Court held that voluntary discharge on medical grounds does not disentitle a person from claiming disability pension when the disability is attributable to or aggravated by military service.
Final Ruling and Implications
Accordingly, the High Court ruled that the petitioner was entitled to the disability element of the pension. This judgment reinforces the principle that service-related health deteriorations should be compensated, regardless of the mode of discharge, providing relief to many ex-servicemen facing similar circumstances.
