Court affirms pension eligibility despite voluntary discharge, citing aggravated military service-related disability.
In a significant judgment, the Kerala High Court has ruled in favor of Havildar B Manikuttan, granting him disability pension despite his voluntary discharge from the Indian Army. The Division Bench, comprising Justices K. Natarajan and Johnson John, delivered the verdict on February 9, 2026, overturning an earlier decision by the Armed Forces Tribunal, Kochi.
The petitioner, Havildar Manikuttan, had enlisted in the Indian Army in 1986 and was later diagnosed with Bronchial Asthma in 1994 while stationed at Udhampur, Jammu and Kashmir. The Release Medical Board assessed his disability at 20% for two years, classifying him under the 'BEE permanent' medical category. Despite this, Manikuttan was denied a disability pension on the grounds that his discharge was at his own request.
The Court, however, emphasized that Bronchial Asthma is a chronic, lifelong condition with no permanent cure, thereby validating the argument that the disability was aggravated by military service. Referring to Regulation 173 of the Pension Regulations for the Army Part-I, 1961, the Court asserted that a disability pension is warranted if the disability is attributable to or aggravated by military service and assessed at 20% or more.
Furthermore, the judgment highlighted precedents, notably the Supreme Court's decision in the case of Commander Rakesh Pande v. Union of India, which underscored the permanency of certain disabilities and the inapplicability of periodic reviews unless requested by the individual.
The respondents, represented by Senior Central Government Counsel S. Biju, contended that the disability was not permanent and that the petitioner was not invalided out of service. However, the Court found that the Release Medical Board's assessment and the petitioner's medical history substantiated his claim for the pension.
In its order, the Court directed the respondents to grant Havildar Manikuttan the disability pension based on the 20% disability assessment from 1996, with arrears to be paid within three months, failing which interest would accrue at 8% per annum.
Bottom Line:
Disability pension cannot be denied to an Armed Forces personnel who was discharged from service at his own request but whose disability was found to be aggravated by military service.
Statutory provision(s): Pension Regulations for the Army Part-I, 1961 Regulation 173, Appendix II Conditions for granting disability pension
Havildar B Manikuttan v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2850923
