Kerala High Court
Union Of India vs Cdr Sajan Abraham on 3 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
W.P(C) No. 24555 of 2025
1
2025:KER:48887
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 24555 OF 2025
(AGAINST THE ORDER/JUDGMENT DATED 25.07.2024 IN TA
NO.1 OF 2024 OF ARMED FORCES TRIBUNAL,REGIONAL
BENCH,KOCHI)
PETITIONERS
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY MINISTRY OF
DEFENCE, SOUTH BLOCK, NEW DELHI, AUTHORIZED
THROUGH COMMODORE VIJU SAMUEL, S/O LATE
SAMUELKUTTY, AGED 52 YEARS, NOW WORKING AS CHIEF
STAFF OFFICER (PERSONNEL AND ADMINISTRATION) IN
THE OFFICE OF THE HEAD QUARTERS SOUTHERN NAVAL
COMMAND, NAVAL BASE, KOCHI,, PIN - 682004
2 THE CHIEF OF NAVAL STAFF
INTEGRATED HQ OF MOD (NAVY) SOUTH BLOCK, NEW
DELHI, PIN - 110011
3 THE CHIEF OF PERSONNEL
INTEGRATED HQ OF MOD (NAVY) SENA BHAVAN, NEW
DELHI, PIN - 110011
4 THE DGMS (NAVY)
IHQ, MOD, SENA BHAVAN, NEW DELHI, PIN - 110011
5 PCDA (NAVY)
DEFENCE OFFICES COMPLEX, 6TH FLOOR, 'A' BLOCK,
AFRICA AVENUE, NEW DELHI, PIN - 110011
W.P(C) No. 24555 of 2025
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2025:KER:48887
BY ADV SMT.CHANDINI G NAIR, CGC
RESPONDENT:
CDR SAJAN ABRAHAM
(RETD.) NO.04324-A S/O SHRI.P.A.ABRAHAM, R/O 64,
JAL VAYU TOWERS, TEMPLE STREET, NGEF LAYOUT,
SADANANDA NAGAR, BANGALORE, PIN - 560038
THIS WRIT PETITION (CIVIL) HAVING BEEB FINALLY
HEARD ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 24555 of 2025
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2025:KER:48887
AMIT RAWAL & P.V. BALAKRISHNAN, JJ.
..................................................................
W.P(C) No. 24555 of 2025
.........................................................
Dated this the 3rd day of July 2025
JUDGMENT
P.V. Balakrishnan,J This writ petition is filed by the respondents in T.A.No. 01/2024 on the files of the Armed Forces Tribunal, Regional Bench, Kochi, aggrieved by the order dated 25.07.2024 allowing the application.
2. The applicant, who filed T.A.No.01/2024, was commissioned in the executive branch of Indian Navy on 01.01.1995, after finding that he is absolutely fit. During 2010, he suffered from back ache and was subsequently hospitalised for treatment. He was diagnosed with 'Prolapsed Intervertebral Disc LV1-LV2 & LV4-LV5' and downgraded to medical category S2 A2 (P) PMT. It was further found that the said disability was aggravated by service. During the succeeding years, the applicant was examined by the Re-categorisation of Medical Boards in the year 2013, 2015, 2017 & 2019 and in all these years he continued to remain S2 A2 (P) PMT and his disability was found to be W.P(C) No. 24555 of 2025 4 2025:KER:48887 aggravated by service. At the time of retirement, the Release Medical Board assessed his disability @20% for life and opined that the disability was aggravated by service. But the applicant was not granted disability pension by the Principal IFA of IHQ MoD(Navy) by stating that the casual connection between the disability and military service could not be established. The afore finding was made without subjecting the applicant for further physical or clinical examination by a competent board of a medical experts. The appeals preferred by the applicant also ended in dismissal. Hence, the applicant approached the Tribunal by filing T.A.No.01/2024.
3. The Tribunal, after considering the materials on record and hearing both sides, allowed the application and directed the respondents therein to grant disability element of pension to the applicant. It is aggrieved by the said order, this writ petition has been preferred.
4. Heard Smt. Chandini.G.Nair, the learned Central Government Counsel .
5. Learned counsel for the petitioner submitted that the cause of disability arising from a disease will be regarded as attributable to service only when it is established that the disease W.P(C) No. 24555 of 2025 5 2025:KER:48887 arose during service and the conditions and circumstances of duty in the Armed Forces determined and contributed to the onset of the disease. She argued that the Tribunal has failed to consider the fact that there was no close time association with the onset of the applicant's disease while he was in peace location, and military service. According to her, there is no relevant and reasonable casual connection between the disability and military service and therefore, the order passed by the Tribunal cannot be sustained.
6. On an anxious consideration of the submissions made by the learned counsel for the petitioner and the materials on record, we are of the view that there is no merit in it. In the present case, it is not in dispute that the Release Medical Board has assessed the applicant's disability @20% and has opined that the disability was aggravated by Naval service after examining him. The claim for disability pension of the applicant has been rejected by the adjudicating authority without examining him physically again, for the reason that there is no casual connection between the disability and the military service. The Hon'be Apex Court in the decision in Ex-Sapper Mohinder Singh v. Union of India & another [Civil Appeal No.164 of 1993 decided on 14.01.1993] has categorically held that the opinion of the Release Medical W.P(C) No. 24555 of 2025 6 2025:KER:48887 Board that the disability was attributable or aggravated by military service cannot be discarded by Chief Controller of Defence Accounts (Pension), Allahabad and any alterations in the findings of Release Medical Board made without having physically examined the individual, will not stand the scrutiny of law. The Apex Court held that the opinion of the Medical Board which clinically examined the claimant should be given due weightage, value and credence. The aforesaid view was again reiterated by the Apex Court in the decision in Secretary, Ministry of Defence & others v. A.V. Damodaran (dead) through Lrs. & others [(2009)9 SCC 140]. If so, in the light of the afore dictum, the rejection of the claim for disability pension for the reason stated afore is illegal, arbitrary and is liable to be set aside.
7. Be that as it may, going by Clause 4 of the Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008, persons who are retired or discharged on completion of terms of engagement in low medical category on account of disability attributable to or aggravated by military service and having a disability not less than 20%, are entitled to disability pension. Further, as per Regulation 28 of Navy (Pension) Regulations, 1964, an officer, who is retired from service on W.P(C) No. 24555 of 2025 7 2025:KER:48887 account of a disability which is attributable to or aggravated by such service and which is assessed at 20% or over, is entitled for disability pension. If so, the applicant will be entitled for disability pension if he establishes that the disability is either (a) attributable to or (b) aggravated by service. In the present case, the Release Medical Board has categorically opined that the disability suffered by the applicant was aggravated by service. If so, we find that there is no need for the applicant to establish that the disability suffered is attributable to service in order to seek disability pension.
In the light of the afore discussions, we find 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. 24555 of 2025 8 2025:KER:48887 APPENDIX OF WP(C) 24555/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF T.A.01/2024 FILED BY THE APPLICANT, BEFORE THE AFT, REGIONAL BENCH, KOCHI Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT DATED NIL, FILED BY THE RESPONDENTS IN T.A. 1/2024 Exhibit P3 THE TRUE COPY OF ORDER IN T.A.01/2024 DATED 25 JULY 2024 OF THE AFT, REGIONAL BENCH AT KOCHI