NAIK TAK CHAND EX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the" indian Army in the branch of Army Signal Corps as a permanent combatant member in the rank of Signal's Man on 29th July, 1963. He was medically examined before entering the service. He was found fit in all respects. His medical record was declared is 'AYE' by the Medical Authorities. Petitioner worked in the Army Signal Corps. While working in the said branch, he suffered paralytic attack in 1975. He was transferred to medical hospital, Delhi Cantt. Where he got cured. He accordingly resumed his duties at his parent unit i.e., 192 Signal's Regiment, "Sagar (M.P.). In 1978 after a lapse of three years he had another attack of paralysis. He was treated at Military Hospital, Jabalpur but could not recover from the said disease. Petition was accordingly medically boarded out on account of low medical category which was declared by the Army Medical Board on 4th December, 1979. His disability was assessed at 70% by the said Medical Board for a period of two years. Petitioner applied for the disability pension but the Controller of Defence Accounts (P), Allahabad rejected the same on the ground that the disability of the petitioner was not attributable to service. The rejection was communicated to the petitioner vide letter dated 23rd July, 1990. Petitioner made various representations from 1990 till 1995 but all his representations met with the same fate. Accordingly, he filed this writ petition.

(2.) The respondents in their counter affidavit took the plea that the petitioner having been invalided and boarded out of service by the Medical Board held on 10th September, 1979 was not entitled to disability pension. He suffered the disease SCHEMIC CEREBRO VASCULAR ACCIDENT" (437) and that the said disease was constitutional and attributable to service nor aggravated by the, military service.

(3.) Admitted facts on record are that the petitioner was discharged from service after having rendered 16 years and 128 days of service. That when the petitioner was inducted into service, he was medically examined. No disease of any kind and no disability was found nor any note was entered in his service" record indicating that the petitioner was suffering from any disease. Except the Medical Board which assessed his disability at 70% for two years, no other Medical Board examined the petitioner. Petitioner never suffered from any disease for 16 years. According to counsel for the petitioner, the petitioner as Signal Man had to perform hard duties. Due to stress and strain of the duties of a Signal Man he contacted this disease.