UNION OF INDIA Vs. EX NAIK TEK CHAND

JUDGEMENT

(1.) ORDER Heard on the question of admission.

(2.) The respondent had 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 and found fit. On 4th December, 1997 he was boarded out medically being in law medical category, disability having been assessed at 70%. The respondent applied for disability pension which was denied on the ground that the disability was not attributable to service.

(3.) The learned Single Judge has held the respondent entitled to such disability pension. The learned Single Judge has opined that on an interpretation of Regulation 173 and Rule 7(b) governing the respondent and as interpreted by the High Court of Delhi in the case of Ex. Gdr. Subash Chander Vs. Union of India 1995 (1) AD (Delhi) 1305, the factum of the disability having not been mentioned in the records at the time of entering into service, was a proof of the respondent having suffered the disease whilst in service and attributable to service. The learned Single Judge has also held that the disease suffered by the respondent could not be said to be constitutional.