Kerala High Court
Union Of India vs Ex Naik Sirajudeen I on 12 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 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
WP(C) NO. 16801 OF 2025
PETITIONER/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
DEFENCE, SOUTH BLOCK, NEW DELHI, PIN - 110011
2 THE CHIEF OF ARMY STAFF
IHQ OF MOD (ARMY), SOUTH BLOCK, NEW DELHI, PIN -
110011
3 OIC RECORDS
ARMY MEDICAL CORPS RECORDS, LUCKNOW, PIN - 900450
4 DIRECTOR GENERAL OF ARMED FORCES MEDICAL SERVICES
OFFICE OF TEH DGMS, ROOM NO. 42, M BLOCK, NEW
DELHI, PIN - 110001
5 DIRECTOR GENERAL OF MEDICAL SERVICES (ARMY)
OFFICE OF THE DGMS (ARMY) ROOM NO. 34, L BLOCK,
AG'S BRANCH, IHQ OF MOD (ARMY), NEW DELHI, PIN -
110001
6 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(PENSION)
OFFICE OF THE PCDA(P), DRAUPATI GHAT, ALLAHABAD,
PIN - 211014
BY ADV SHRI.M.A.SHAJI, CGC
RESPONDENT/S:
EX NAIK SIRAJUDEEN I
S/O ISMAIL KUNJU, JJ KOTTAGE, PUNNAKULAM, K S
PURAM P O, KARUNAGAPPALLY, KOLLAM, KERALA, PIN -
690544
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.16801 of 2025
2
2025:KER:60784
AMIT RAWAL & P.V. BALAKRISHNAN, JJ.
.................................................................
W.P(C)No.16801 of 2025
...............................................................
Dated this the 12th day of August, 2025
JUDGMENT
P.V. Balakrishnan, J.
This writ petition is filed by the respondents in O.A No.246 of 2023 on the files of the Armed Forces Tribunal, Regional Bench, Kochi (hereinafter referred to as 'AFT' for short), challenging the order dated 28.03.2024, allowing the O.A.
2. The facts as are necessary for the disposal of this writ petition are as follows:
The applicant was recruited in the Army on 26.04.1985 and was discharged from service with effect from 01.11.2000 on compassionate grounds at his own request before completion of normal service. At the time of discharge, the applicant was in a low medical category. His Release Medical Board held on 28.08.2000 assessed his disabilities (i) cervical spondylosis at 6-
10%, (ii) osteo arthritis in both knees at 6-10%, and (iii) low backache at 15-19%, with a composite assessment of 20% for two years. The Release Medical Board also opined that all these disabilities are aggravated by military service due to prolonged W.P.(C)No.16801 of 2025 3 2025:KER:60784 standing, training, and marching. But the Pension Sanctioning Authority erroneously granted disability pension to the applicant at 30% for five years with effect from 01.11.2000 to 27.08.2005. Subsequently, a Re-survey Medical Board examined the applicant on 21.11.2002, and assessed his disability at 11-14% permanent. Since the percentage of disability was reassessed at less than 20%, the disability element of the pension was stopped from 21.11.2002. It is aggrieved by the said decision; the applicant preferred the afore O.A.
3. The tribunal, after considering the materials on record and hearing both sides, allowed the O.A. and declared that the applicant is entitled to the disability element of the pension at 20% for life, with the benefit of rounding off to 50%. It is aggrieved by the said order; this writ petition has been filed.
4. Heard Sri. M.A. Shaji, the learned Central Government Counsel for the petitioners.
5. The learned counsel for the petitioners submitted that since, the disabilities have been assessed by a competent expert, the tribunal ought not to have substituted the findings, and that too, without any materials. He also argued that in cases where W.P.(C)No.16801 of 2025 4 2025:KER:60784 the disability is less than 20%, no disability pension is admissible.
6. The points to be considered in this writ petition are whether the Re-survey Medical Board was correct in assessing the disability of the applicant at 11-14% for life and whether any interference is required with the impugned order passed by the Tribunal? It is to be seen that originally, the Release Medical Board had considered the disabilities of the applicant as aggravated by service and they were compositely assessed at 20% for two years, in 2000. It was thereafter, in November 2002, the Resurvey Medical Board again assessed the applicant's disabilities, which was found to be 20% permanent. But the Resurvey Medical Board deducted 6-9% from 20%, on the ground that there has been worsening due to the natural progress of the disabilities. As rightly found by the tribunal, since the origin of the disabilities were while in service and the Release Medical Board has considered them as aggravated by service, then further deterioration, cannot be tagged as a natural progression of the disabilities. In other words, the reason that the worsening has occurred due to the natural progress of the disabilities is not at all a ground to reduce the W.P.(C)No.16801 of 2025 5 2025:KER:60784 corresponding percentage of the disabilities due to worsening, from the disabilities originally assessed and found to have been caused by aggravation by service. Ergo, we find that the applicant is entitled to the disability element of the pension at the rate of 20%, with the benefit of rounding off to 50% for life from the date of assessment by the Re-survey Medical Board.
The result of the foregoing 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 Dxy W.P.(C)No.16801 of 2025 6 2025:KER:60784 APPENDIX OF WP(C) 16801/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE O.A 246 OF 2023 ALONG WITH ALL ANNEXURES, FILED BY THE APPLICANT, BEFORE THE TRIBUNAL EXHIBIT P2 THE TRUE COPY OF REPLY STATEMENT WAS FILED BY THE PETITIONERS REFUTING THE ABOVE CLAIM OF THE RESPONDENT BEFORE THE ARMED FORCES TRIBUNAL, KOCHI.
EXHIBIT P3 THE TRUE COPY OF THE ORDER OF THE ARMED FORCES TRIBUNAL, KOCHI DATED 28.03.2024