Ex-serviceman seeking discharge due to chronic condition acquired during service entitled to disability pension: Kerala HC

Kochi: High court has held that an ex-serviceman is entitled to disability pension if the disability was aggravated by military service, even if the individual voluntarily sought discharge from service on medical grounds.A bench of Justices K Natarajan and Johnson John delivered the ruling while allowing an appeal filed by Havildar B Manikuttan of Mavelikkara, who had challenged an order of the regional bench of the Armed Forces Tribunal dismissing his petition seeking disability pension. Manikuttan was enrolled in the Army in 1986 and, in 1994, while posted at Udhampur in Jammu and Kashmir, was diagnosed with bronchial asthma. It was pointed out that his medical category was subsequently downgraded to ‘BEE permanent', indicating a stable, long-term medical limitation, which constrained him to seek discharge from service on medical grounds.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. Opposing the appeal, counsel for the central govt 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. HC, however, observed that 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. HC noted that in the present case, the disability was aggravated by military service and that the petitioner had been recommended for release in the ‘BEE permanent' medical category. Taking into account the chronic and lifelong nature of bronchial asthma, HC 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. Accordingly, it ruled that the petitioner was entitled to the disability element of the pension.