CONTROLLER OF DEFENCE ACCOUNTS Vs. S BALACHANDRAN NAIR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Kerala High Court holding that the respondent was entitled to disability pension.

(2.) Factual background is essentially as follows : Respondent joined the Indian Army on 7-2-1972 in the Signal Corps. He was selected to the regular Army through the selection process prescribed by the Army authorities and had undergone a thorough medical examination. Thereafter, he had undergone military training at 3 M.T.R. Goa for a period of two years. After completion of training he was posted in the Signal Company at Jabalpur for a period of three years. Thereafter, he was posted to the border area in Punjab. However, he was not involved in actual combat operations or in combat area. He was working in the office of Radio machine. He developed certain medical problems and was admitted in the Command Hospital at Chandigarh on 10-8-1977. He was not completely cured and had some kidney complications and the medical authorities found his illness as anxiety neurosis. He was again admitted in the Chandigarh Military Hospital in December 1979 and after prolonged treatment was boarded out and the medical authorities were of the opinion that he became unfit for continuing in service and was put under the category of EEE meaning unfit and useless with effect from 18-3-1980 and was finally discharged from service.

(3.) Respondent made an application for disability pension. Same was rejected by the authorities on the ground that the disability of the respondent was not attributable to military service. It was also stated that there was no proof that the disability had existed before or developed during military service and/or had aggravated thereby and military disability pension was accordingly denied. As his various representations did not bring any positive result he filed writ petition before the Kerala High Court. A learned Single Judge held that the respondent had been working in sensitive and turbulent areas and this must have aggravated his disease and the stress and strains of military service were the sole cause of his illness and it was clearly attributable to the stress and strain of military service. The present appellants were therefore, directed to disburse disability pension.