Kerala High Court
Veteran Subedar K U John, No. Jc-189176 M vs Union Of India on 15 September, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.P(C)No.33617 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 33617 OF 2025
PETITIONER/APPLICANT:
VETERAN SUBEDAR K U JOHN, NO. JC-189176 M,
AGED 70 YEARS
KOCHANIMOOTIL HOUSE, MOONNANI, PALA P.O, KOTTAYAM
DISTRICT, KERALA., PIN - 686575
BY ADVS.
SRI.V.K.SATHYANATHAN
SHRI.VINOD K.C.
SMT.RATI VARMA
SMT.K.R.RENJU
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI., PIN - 110011
2 THE CHIEF OF THE ARMY STAFF
COAS'S SECRETARIAT INTEGRATED HEAD QUARTERS,
MINISTRY OF DEFENCE (ARMY), SOUTH BLOCK, DHQ P.O,
NEW DELHI., PIN - 110011
3 OIC RECORDS
EME RECORDS, C/O 56 A.P.O., PIN - 900453
4 THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
W.P(C)No.33617 of 2025
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(PENSIONS)
OFFICE OF THE PCDA (P), DRAUPADI GHAT, ALLAHABAD,
U.P., PIN - 211014
BY ADV SMT.SANJANA R.NAIR, CGC
OTHER PRESENT:
SMT SANJANA R NAIR CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.33617 of 2025
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AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.P.(C)No.33617 of 2025
---------------------------------
Dated this the 15th day of September 2025
JUDGMENT
P.V.BALAKRISHNAN,J
This writ petition is filed by the applicant in O.A.No.23 of 2022
on the files of the Armed Forces Tribunal, Regional Bench, Kochi,
challenging the order dated 15.09.2023, allowing the claim of the
applicant only partly.
2. The facts in brief, as are necessary for the disposal of this
writ petition, are as follows:
The applicant was enrolled in the Indian Army on 21.05.1968
and was promoted up to the rank of Subedar. He was discharged
from service at his own request on 31.10.1993. Due to the stress
and strain of Army service, the applicant was diagnosed with the
invaliding disease "Seronegative Polyarthritis". At the time of
discharge, the Release Medical Board assessed the disability
"Seronegative Polyarthritis" at 30% for two years, but held that it
was neither attributable to nor aggravated by service. Consequently,
the claim of the applicant for disability pension was rejected. Even
though the applicant challenged it, the same ended in dismissal. By
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Annexures A3 and A4, the applicant was informed that his claim for
disability pension was rejected since, he has been discharged from
service on his own request. Subsequently, the applicant came to
know that Army personnel, who had retired at their own request, are
also entitled for disability pension as per a new policy issued by the
Government. On that premise, the applicant again made a request
claiming disability pension. But it was rejected by stating that the
disability was neither attributable to nor aggravated by service.
3. Aggrieved by the rejection of the claim for disability
pension, the applicant approached the Armed Forces Tribunal by
filing O.A.No.23 of 2022. In the O.A., the applicant prayed for a
direction to sanction and pay disability pension to him for life, with
rounding off benefit, along with interest.
4. The Tribunal, after considering the materials on record and
hearing both sides, allowed the O.A in part. It found that the
applicant is entitled to get disability pension at 30% for two years
from the date of his discharge and directed respondents 3 and 4 to
issue a Corrigendum PPO accordingly.
5. Heard Adv. Sathyanathan.V.K, the learned counsel
appearing for the petitioner and Adv. Sanjana.R.Nair, the learned
Central Government Counsel appearing for the respondents.
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6. The learned counsel for the petitioner submitted that even
though the disease "Seronegative Polyarthritis" was assessed at 30%
for a period of two years, the disease is one of permanent nature and
not curable. He argued that the petitioner was released in Permanent
Low Medical Category and once a disability is declared as permanent
and attributable/aggravated by service, the disability pension is
payable for life.
7. Per contra, the learned Central Government Counsel
supported the impugned order and contended that there are no
materials to find that the disability suffered by the petitioner is a
permanent one.
8. In the instant case, it is not in dispute that the Release
Medical Board has assessed the disability of the petitioner
"Seronegative Polyarthritis" at 30% for two years. Even though the
claim of the petitioner for disability pension was rejected by the
authorities on the ground that the disability was neither attributable
to nor aggravated by service and on the ground that the petitioner
was discharged from service on his own request on compassionate
ground, the Tribunal did not approve the findings. The Tribunal, after
overruling these objections, found that the disability suffered by the
applicant is aggravated by his long military service and that even
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though the applicant was discharged from Army service on his own
request, he is entitled to get disability pension. It is thus, the
Tribunal passed an order granting disability element of pension to the
petitioner at the rate of 30% for two years from the date of his
discharge.
9. As stated earlier, the only contention raised by the
petitioner is that the disability suffered by him is permanent in
nature and, therefore, he is entitled to get a disability pension for life
long. But, as rightly contended by the learned counsel for the
respondents, there are absolutely no materials available on record to
substantiate the said contention. On the other hand, the medical
records available only show that the petitioner is suffering disability
@ 30% for two years. In the absence of any expert opinion, and
considering the facts and circumstances of this case, we are of the
view that it would only be just and proper to relegate the petitioner
for a re-assessment by the Medical Board to ascertain whether the
disability suffered by the petitioner is permanent or not. In case the
Re-assessment Medical Board finds in favour of the petitioner, it goes
without saying that the petitioner will be entitled for the disability
pension for life as claimed by him.
10. In the result, this writ petition is allowed in part as follows:
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1. While upholding the impugned order, the competent
among the respondents is directed to constitute a Re-
assessment Medical Board to examine the disability of
the petitioner, within a period of four months from the
date of receipt of a copy of this judgment.
2. The Re-assessment Medical Board shall examine the
petitioner and assess whether the petitioner is suffering
from any permanent disability, as claimed.
3. In case the Re-assessment Medical Board finds in
favour of the petitioner, the competent among the
respondents shall grant disability pension to the
petitioner, with all arrears.
Sd/-
AMIT RAWAL
Judge
Sd/-
P.V.BALAKRISHNAN
Judge
dpk
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APPENDIX OF WP(C) 33617/2025
PETITIONER ANNEXURES
Annexure-A2 TRUE COPY OF THE CERTIFICATE DATED
16.8.2001 ISSUED BY THE SENIOR RECORD
OFFICER.
Annexure-A5 TRUE COPY OF THE LETTER NO.JC-189176/DP-
1/PEN DATED 11.3.2011.
Annexure-A1 TRUE COPY OF THE RELEVANT PAGES OF THE
PASS BOOK.
Annexure-A3 TRUE COPY OF THE REPRESENTATION DATED
18.12.2001.
Annexure-A4 TRUE COPY OF THE LETTER
D.O.NO.19/MP/PGC/2002/1619-F/RM/2002 DATED
26.3.2002.
Annexure-A6 TRUE COPY OF THE LETTER
NO.DO.NO.11/MP/PGC/2011/2746-F/RM/2011
DATED 23.5.2011.
Annexure-R1 TRUE COPY OF THE AFMSF-16 DATED 30 APR
1993.
Annexure-R2 TRUE COPY OF EXTRACT PARA 173 OF PENSION
REGULATIONS FOR THE ARMY, 1961 (PART-I).
Annexure-R3 TRUE COPY OF THE EME RECORDS LETTER NO.JC-
189176/DP-1/PEN DATED 30 DECEMBER, 1995.
Annexure-R4 TRUE COPY OF THE EME RECORDS LETTER NO.JC-
189176/FP (E)-1/REV/PEN DATED 16 FEBRUARY
2002.
Annexure-R5 TRUE COPY OF THE EME RECORDS LETTER NO.JC-
189176/DP-1/PEN DATED 13 DECEMBER, 2010.
Annexure-R6 TRUE COPY OF THE EME RECORDS LETTER NO.JC-
189176/DP-1/PEN DATED 11 MARCH, 2011.
Annexure-R7 TRUE COPY OF THE EXTRACT RULE 8 OF
ENTITLEMENT RULES TO THE CASUALTY
PENSIONARY AWARDS, 1982.
Annexure-R8 TRUE COPY OF THE EXTRACT RULE 14 (C) OF
ENTITLEMENT RULES TO THE CASUALTY
PENSIONARY AWARDS, 1982.
Annexure-R9 TRUE COPY OF THE LETTER NO.1/(3)/2008-D
(PEN/POL) DATED 17 MAY 2016.
Exhibit-P1 A TRUE COPY OF THE MEMORANDUM OF O.A NO.
23/2022 WITH ANNEXURES.
Exhibit-P2 A COPY OF THE REPLY FILED BY THE
RESPONDENTS WITH ANNEXURES AND VERIFIED
PETITION FOR CONDONATION OF DELAY AND
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ACCEPT THE REPLY STATEMENT.
Exhibit-P3 A TRUE COPY OF THE ORDER DATED 15.09.2023
IN OA NO 23 OF 2022 PASSED BY THE ARMED
FORCES TRIBUNAL, KOCHI.
