Soldier due for disability pension, if chronic disability was due to military service: Kerala HC

The Kerala High Court has held that a soldier is entitled to disability pension even if he sought voluntary discharge from service, provided the chronic disability was acquired or aggravated due to military service.

B. Manikuttan, a native of Mavelikara who served as a Havildar in the Army, approached the High Court after the Armed Forces Tribunal dismissed his plea challenging the denial of disability pension on the ground that he had sought voluntary discharge.

Mr. Manikuttan contended that he was in sound physical condition at the time of his enrolment in 1986. However, after being posted in Jammu and Kashmir in 1994, he was diagnosed with bronchial asthma. As his condition worsened, it was recommended that he be released from service, following which he sought voluntary discharge.

A Division Bench comprising Justice K. Natarajan and Justice Johnson John held that the petitioner was eligible for disability pension, noting that bronchial asthma is a chronic, lifelong condition. The court also took into account the Medical Board’s finding that the disability had been aggravated by military service.

The court directed the authorities to pay the arrears of disability pension within three months and noted that the Release Medical Board had assessed the petitioner’s disability at 20%.