Court Overturns Tribunal's Decision, Cites Insufficient Medical Board Justification
In a significant ruling, the Kerala High Court has directed the Union of India to grant disability pension to Balamurali Krishna M., an ex-serviceman from the Indian Army, reversing the Armed Forces Tribunal’s earlier decision that denied his pension claim. The court found that the denial was based on a medical board opinion that lacked comprehensive reasoning.
The petitioner, who served in the Indian Army for over 17 years, was diagnosed with primary hypertension and obesity at the time of his discharge. Despite a composite disability assessment of 33.5% for life, the Release Medical Board concluded that these conditions were neither attributable to nor aggravated by military service, leading to the rejection of his disability pension claim.
The High Court scrutinized the Armed Forces Tribunal's reliance on the medical board's opinion, highlighting the lack of detailed justification for the decision. The court emphasized that military service, even in peace stations, is inherently stressful and can contribute to conditions like hypertension. It further noted that the medical board must provide substantial evidence that a condition is not service-related, especially when claims are made within 15 years of discharge.
The court also referenced similar judgments, including a Delhi High Court decision stating that lifestyle disorders and service in peace areas cannot alone justify denying disability pensions. The court underscored the need for a liberal interpretation of entitlement rules, consistent with the social security benefits intended by such legislation.
Consequently, the Kerala High Court ordered the issuance of a corrigendum Pension Payment Order (PPO) to the petitioner, granting him the disability pension. The ruling mandates action within three months, failing which the arrears will incur interest at a rate of 7% per annum.
Bottom line:-
Disability pension claim - Disability pension cannot be denied solely on the ground that the onset of the disability occurred while the personnel were posted in Peace Station - Prolonged military service creates substantial onus on the Release Medical Board (RMB) to establish that conditions like hypertension are not attributable to or aggravated by military service - Denial of disability pension based on medical opinion devoid of reasons is invalid.
Statutory provision(s): Armed Forces Tribunal Act, 2007 Section 14, Entitlement Rules for Casualty Pensionary Awards, 2008 Rule 7, Armed Forces Regulations for Medical Services of the Armed Forces, 2010 Regulation 423
Balamurali Krishna M. v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2909730
