DIRECTOR GENERAL B S F Vs. VIJOY

JUDGEMENT

(1.) Doubting correctness of the views expressed by different Benches on the question as to who has to establish that disablement was occasioned on account of military service or was aggravated therefrom, reference has been made to the Full Bench.

(2.) Factual aspects need not be noted in detail as the dispute revolves round the question as to on whom the burden lies for establishing the aforesaid aspects, the effect of the conclusion by the Medical Board examining the concerned employee and the scope of judicial review in such matters in an application under Art.226 of the Constitution of India, 1950 (in short 'the Constitution').

(3.) Under the Pension Regulations, 1961, Regulation.173 deals with the core issue. Primary conditions for the grant of disability pension are dealt with in the said Regulation. Same reads as follows: