UNION OF INDIA Vs. KESHAR SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court dismissing the special appeal filed by the appellant against the order of learned Single Judge. The controversy lies within a very narrow compass i.e. whether the respondent is eligible to disability pension.

(2.) Background facts giving rise to the present dispute is as follows: The respondent was enrolled as Rifleman on 15.11.1976 and was discharged from Army on 18.10.1986. It was found that he was suffering from Schizophrenia and the Medical Boards report indicated his non-suitability for continuance in army. Medical Board opined that the disability did not exist before entering service and it was not connected with service. An appeal was preferred before prescribed appellate authority which was dismissed on 16.4.1989. Respondent filed a writ petition which was allowed by learned Single Judge and as noted above by the impugned judgment the special appeal was dismissed. Both learned Single Judge and the Division Bench held that it was not mentioned at the time of entering to army service that the respondent suffered from Schizophrenia and therefore it was attributable to army service. Both learned Single Judge and the Division Bench referred to para 7(b) of the Appendix II referred to in Regulations 48, 173 and 185 of the Pension Regulations, 1961 to hold that if any disease has led to the individuals discharge it shall be ordinarily deemed to have arisen in the service if no note of it was made at the time of individuals acceptance for military service. Accordingly, it was held that the respondent was entitled to disability pension.

(3.) In support of the appeal learned Additional Solicitor General submitted that both learned Single Judge and the Division Bench have lost sight of para 7(c). Both 7(b) and 7(c) have to be read together. They read as follows: