UNION OF INDIA Vs. NEKI RAM

JUDGEMENT

(1.) The respondent-Neki Ram brought a suit for grant of disability pension w.e.f. 5-5-1987 and also to release the arrears of disability pension due to him from the appellant.

(2.) The respondent claimed that he was enrolled as an Sepoy on 29-9-1980 as Nursing Assistant in the Medical Corps. He was put into AYE category on his medical examination and after enrolment, he completed his course at various training centres. When he was undergoing, the advance course of training at Military Hospital, Delhi Cantt., he suffered from some disease which was subsequently diagnosed as "Moya-Moya" and, thereafter, he was sent to the Medical Board which found him permanently disabled to the extent of 60% and as such he was discharged on 5-5-1987 on the recommendation of the Medical Board. However, his claim for disability pension had not been accepted on the basis that the disease was not attributed nor aggravated due to the Military service.

(3.) The trial Court examined the matter from various angles and found that when he joined the service he was hale and hearty and no sign of ill-health could be found in him at that time. It was only when he was in service he developed the said disease. In the circumstances, the Court found that the matter should have been put beyond doubt that it was not as a result of Military service or attributable to Military service particularly when he had served continuously for four years. There is no material placed before the Court to rebut the presumption that he had developed the disease in the course of his service. On that basis the trial Court decreed the suit. The first appellate Court also reiterated the view of the trial Court and High Court dismissed the second appeal. Hence this appeal.