
The Kerala High Court held that disability pension cannot be denied merely because an army personnel sought voluntary discharge, if the chronic disability was acquired or aggravated due to military service.
The Court observed that when a soldier is medically fit at the time of enrolment and is later discharged on medical grounds, deterioration in health is presumed to be service-related.
Noting that bronchial asthma is a chronic, lifelong condition and that the Medical Board had recorded service aggravation, the Court directed grant of disability pension at 20% with arrears, payable within three months.
[Havildar B. Manikuttan v. UOI & Ors.]
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