Kerala High Court
Lt Col Flowerlet Joseph vs Union Of India on 26 August, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WP(C) NO. 25138 OF 2025
PETITIONER/S:
LT COL FLOWERLET JOSEPH
AGED 61 YEARS
(RETD.) NO. NR 19541 W D/O LATE MR. JOSEPH,
VADAKEL HOUSE, PANOOR P.O., THODUPUZHA, IDUKKI
DISTRICT, KERALA., PIN - 685581
BY ADVS.
SRI.V.K.SATHYANATHAN
SHRI.VINOD K.C.
SMT.K.R.RENJU
SMT.RATI VARMA
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
DEFENCE, SOUTH BLOCK, NEW DELHI., PIN - 110011
2 THE CHIEF OF ARMY STAFF
INTEGRATED HEAD QUARTERS (ARMY), NEW DELHI., PIN
- 110011
3 THE DGMS (ARMY)
INTEGRATED HQ OF MOD (ARMY), ADJUTANT GENERAL'S
BRANCH, DTE GEN OF MED SERVICES/ MPRS(O), L-
BLOCK, NEW DELHI., PIN - 110001
4 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(PENSIONS)
OFFICE OF PCDA (P), DRAUPADI GHAT, ALLAHABAD,
UTTAR PRADESH., PIN - 210014
W.P(C)No.25138 of 2025
: 2 :-
2025:KER:65526
BY ADV SMT.M.SHAJNA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.25138 of 2025
: 3 :-
2025:KER:65526
AMIT RAWAL,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.P(C) No.25138 of 2025
---------------------------------
Dated this the 26th day of August 2025
JUDGMENT
P.V.BALAKRISHNAN,J This writ petition is filed by the applicant in O.A.No.85/2022 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, challenging the order dated 03.10.2023, disallowing the claim of disability element of pension for the disease 'Primary Hypertension'.
2. The applicant joined as a Probationary Nurse in Army Hospital on 30.12.1985 and was commissioned in the Military Nursing Service on 01.01.1989. She retired from service on 31.01.2020, on attaining the age of superannuation. At the time of retirement, the Release Medical Board assessed the disabilities of the applicant as (i) 'Degenerative Disc Disease LV4-LV5' at 20% for life and considered as attributable to service.(ii) 'Primary Hypertension' at 30% for life and considered as neither attributable to nor aggravated by service.(iii) 'Seizure Disorder' at W.P(C)No.25138 of 2025 : 4 :-
2025:KER:65526 20% for life and considered as neither attributable to nor aggravated by service and (iv) 'Osteoarthritis Bilateral Knee' at 20% for life and considered as aggravated by service. Accordingly, the applicant was granted disability pension for the disease 'Degenerative Disc Disease LV4-LV5' and 'Osteoarthritis Bilateral Knee'. But, the disability pension for 'Primary Hypertension' and 'Seizure Disorder' were rejected. Aggrieved by the non granting of the disability under these heads, the applicant approached the Armed Forces Tribunal, by filing the afore O.A.
3. The Tribunal, after considering the materials on record, upheld the finding that the disease 'Primary Hypertension' is neither attributable to nor aggravated by service. But it found that the disease 'Seizure Disorder' is one aggravated by service conditions and granted disability element of pension under that head also. Thus, the respondents were directed to grant disability element of pension to the applicant at 60% with the benefit of rounding off to 75% for life. It is aggrieved by the non granting of disability element of pension by the Tribunal for 'Primary Hypertension', this writ petition has been filed by the applicant.
4. Heard Adv. V.K.Sathyanathan, the learned counsel W.P(C)No.25138 of 2025 : 5 :-
2025:KER:65526 appearing for the petitioner and Adv.Smt.M.Shajna, the learned Central Government Counsel appearing for the respondents.
5. The learned counsel for the petitioner contended that, the petitioner was medically fit at the time of enrollment and the disease 'Primary Hypertension' was detected after she had rendered service under tremendous stress and strain. He argued that merely because of the fact that the onset of the disease was while working in peace area, the disability element of pension cannot be denied.
6. Per contra, the learned Central Government Counsel supported the impugned order and contended that there are no grounds to interfere with the same. She argued that Primary Hypertension is an idiopathic disorder with a strong genetic co-
relation and is not attributable to service. She further contended that, there is no casual connection between the disease of the petitioner and her service conditions.
7. In this writ petition, the only question to be considered is whether the Tribunal was correct in rejecting the claim of the petitioner for disability pension under the head of 'Primary Hypertension'? It is to be seen that even though the petitioner has W.P(C)No.25138 of 2025 : 6 :-
2025:KER:65526 rendered more than 31 years of service, all the time except during November 2018 to January 2020, she was in peace area. It is also to be seen that the onset of the disease 'Primary Hypertension' was on May 2009 while the petitioner was working in a peace area. Going by Paragraph 43 of Guide to Medical Officers (Military Pensions), 2008 the said disease is not attributable to service and only in cases where, the individual had rendered service in High Attitude Areas/field areas/operational areas etc, the disease can be considered aggravated. As rightly found by the Tribunal, considering the places of posting of the applicant and her nature of work, it cannot be found that she had to undergo serious stress and strain in service. The petitioner has also not adduced any materials to prove otherwise. If so, in the light of the afore facts and circumstances, we find no reason to interfere with the finding of the Tribunal that the disease 'Primary Hypertension' is neither attributable to nor aggravated by service.
8. Now, even if it is assumed to be otherwise so, it is to be seen that the Medical Board has assessed the composite disablement of all the four disabilities as only 60% for life. If that be so, it will not make any difference to the total disability, as W.P(C)No.25138 of 2025 : 7 :-
2025:KER:65526 assessed by the Tribunal, while granting benefits to the petitioner.
The result of the forgoing discussions is that there is no merit in this writ petition and the same is accordingly dismissed.
Sd/-
AMIT RAWAL Judge Sd/-
P.V.BALAKRISHNAN Judge dpk W.P(C)No.25138 of 2025 : 8 :-
2025:KER:65526 APPENDIX OF WP(C) 25138/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORIGINAL APPLICATION OA NO. 85 OF 2022 ALONG WITH ANNEXURE A1 TO A9 DATED 17.03.2022.
Exhibit-P2 A TRUE COPY OF THE REPLY STATEMENT DATED 31.8.2022 SUBMITTED BY THE RESPONDENTS.
Exhibit-P3 A TRUE COPY OF THE ORDER DATED 03.10.2023 IN O.A. NO. 85 OF 2022 PASSED BY THE ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI.