Army Personnel Exposed To Radiation During Service Entitled To Disability Pension For Leukemia: Kerala High Court

"Denial of disability pension based on a medical opinion without providing full reasons to support the opinion cannot be said to be valid." High Court of Kerala, in a significant ruling, held that an army veteran who developed Chronic Lymphocytic Leukemia after being exposed to radiation during military service is entitled to disability pension.

A bench comprising Justice K. Natarajan and Justice Johnson John observed that the medical board's refusal to attribute the disease to military service, despite acknowledging the soldier's exposure to radiation-emitting radio equipment, was legally unsustainable.

The petitioner served in the Indian Army for over 28 years and was discharged in December 2020. At the time of discharge, the Release Medical Board assessed his disability, 'Chronic Lymphocytic Leukaemia', at 20 percent for life but opined that it was neither attributable to nor aggravated by military service. The Armed Forces Tribunal subsequently rejected his claim for the disability element of pension, prompting the present writ petition before the High Court.

The primary question before the court was whether the petitioner's leukemia could be legally presumed as attributable to military service due to his prolonged operational exposure to radio signal equipment. The court was also called upon to determine whether the Release Medical Board's opinion denying attributability without adequate medical reasoning was legally sound and binding.

Medical Board's Opinion Devoid Of Valid Reasons

The court scrutinised the justification provided by the Release Medical Board for denying the disability claim. It noted that the Board had explicitly acknowledged the petitioner's participation in rescue operations and a UN Mission where he continuously operated high-frequency radar and radio sets. However, the Board concluded that the exposure was only for a short duration, thus refusing to link the malignancy to radiation exposure.

Guide To Medical Officers Recognizes Leukemia

Rejecting the Board's conclusion, the High Court referred to the Guide to Medical Officers (Military Pensions). The bench pointed out that under the relevant provisions covering occupational hazards, any cancer, including Chronic Lymphocytic Leukemia, is expressly considered attributable to service for military personnel working with or exposed to radiation sources in any form.

"In view of the above Rule and the facts and circumstances, it can be seen that the opinion given by the Medical Board in the detailed justification is devoid of legally acceptable reasons and therefore, the same cannot be accepted," the bench observed.

Presumption Of Sound Health At Enrollment

Relying on the Supreme Court's landmark judgments in Dharamvir Singh v. Union of India and Sukhvinder Singh v. Union of India, the bench reiterated the statutory presumptions available to armed forces personnel. The court observed that since there was no note of any disease recorded at the time of the petitioner's enrollment, any subsequent deterioration in his health must be presumed to be due to military service.

The court highlighted that the onus of proof lies on the employer to prove otherwise, rather than on the claimant to establish attributability. The bench emphasised that under Regulation 423 of the Regulations for Medical Services for Armed Forces, 1983, a member is to be presumed in sound physical and mental condition upon entering service if no record to the contrary exists.

Peace Station Postings Carry Inherent Stress

Addressing the broader principles of attributability, the court cited precedent to clarify that the location of service does not negate disability claims. Drawing from the Supreme Court's ruling in Rajumon T.M. v. Union of India and the Delhi High Court's decision in Union of India v. Col. Balbir Singh, the bench affirmed that military service is inherently stressful even in peace stations.

The court noted that the psychological burden of strict discipline, constant readiness for deployment, and the toll of continuous training significantly impact personnel. Therefore, the bench reasoned that disability pension cannot be denied solely on the ground that the onset of the disability occurred while the personnel were posted in peace locations.

Beneficial Interpretation Of Social Security Laws

The bench underscored the necessity of adopting a liberal approach when interpreting rules related to military pensions. Citing the Supreme Court in Maniben Maganbhai Bhariya v. Distt. Development Officer, the court held that social security legislations must be given the widest possible meaning to preserve the benefits meant for a particular class of individuals.

The High Court allowed the writ petition and set aside the impugned order of the Armed Forces Tribunal. The respondents were directed to issue a corrigendum Pension Payment Order granting disability pension to the petitioner within three months, failing which the unpaid arrears would carry an interest of 7 percent per annum.

Date of Decision: 23 July 2026