UNION OF INDIA Vs. RAJBIR SINGH

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals arise out of separate but similar orders passed by the Armed Forces Tribunal holding the respondents entitled to claim disability pension under the relevant Pension Regulations of the Army. The Tribunal has taken the view that the disability of each one of the respondents was attributable to or aggravated by military service and the same having been assessed at more than 20% entitled them to disability pension. The appellant -Union of India has assailed that finding and direction for payment of pension primarily on the ground that the Medical Boards concerned having clearly opined that the disability had not arisen out of or aggravated by military service, the Tribunal was not justified in taking a contrary view.

(3.) RELYING upon the decisions of this Court in Union of India and Ors. v. Keshar Singh, 2007 12 SCC 675; Om Prakash Singh v. Union of India and Ors, 2010 12 SCC 667; Secretary, Ministry of Defence and Ors. v. A.V. Damodaran (Dead) through LRs. and Ors, 2009 9 SCC 140; and Union of India and Ors. v. Ram Prakash, 2010 11 SCC 220, it was contended by Mr. Balasubramanian, learned counsel appearing for the appellant in these appeals, that the opinion of the Release Medical Board and in some cases Re - survey Medical Board and Appellate Medical Authority must be respected, especially when the question whether the disability suffered by the respondents was attributable to or aggravated by military service was a technical question falling entirely in the realm of medical science in which the opinion expressed by medical experts could not be lightly brushed aside. Inasmuch as the Tribunal had failed to show any deference to the opinion of the experts who were better qualified to determine the question of attributability of a disease/disability to a military service, the Tribunal had fallen in error argued the learned counsel.