Balamurali Krishna v. Union of India, 2026 SCC OnLine Ker 5229, Kerala High Court (Division Bench of Justices K. Natarajan and Johnson John), decided 29 May 2026.
Background
The petitioner enrolled in the Army in November 2004 and was discharged in November 2021 after 17 years. His Release Medical Board assessed primary hypertension (30%) and obesity (5%) a composite disability of 33.5% for life but declared both conditions “neither attributable to nor aggravated by military service.” His disability pension claim was rejected, and the Armed Forces Tribunal upheld the rejection.
What the High Court Held
The Kerala High Court set aside the AFT’s decision and granted disability pension. Two principles stand out. First, where a claim is raised within 15 years of discharge, the primary burden of proof lies on the department not on the soldier to establish that the disability is unconnected with service. Second, a medical board cannot discharge that burden with conclusory statements: merely noting that a disease arose in peacetime, or labelling obesity a “lifestyle disorder,” is not an adequately reasoned medical opinion. Disability pension provisions must receive a liberal, beneficial interpretation.
The department was directed to issue corrected pension documents within three months, with 7% annual interest on unpaid arrears in case of non-compliance.
What This Means for Armed Forces Personnel
If your claim was rejected on a bare medical board opinion especially for conditions like hypertension that developed during service, this judgment matters. Within 15 years of discharge, it is the department that must produce reasoned medical evidence disconnecting your condition from service. An unexplained “not attributable” finding is challengeable before the AFT and the High Courts.
This summary is general information about a publicly reported judgment, not legal advice, and does not create an advocate–client relationship. Outcomes depend on the facts of each case.