SAJEESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Writ Petition, the petitioner challenges the orders of the respondents by which his claim for disability pension was rejected. Petitioner was enrolled in the Indian Army on 1.3.1994. After undergoing training for a few months, he developed pain in joints and had fever. He reported to the medical wing and was referred to the Command Hospital Air Force (CHAF Bangalore). His disease was diagnosed as "Seropositive Rheumatoid Polyarthritis old V-67." Thereafter, he was invalided out of service on account of his disability caused by the said disease. Later, he applied for disability pension, which was rejected by Ext.P1 order. His appeal against Ext.P1 order was also rejected by Ext.P2. His further appeal Ext.P3 was also rejected by Ext.P4. All these orders proceed on the basis that the disease of the petitioner was a constitutional disease, which cannot be said to be attributable to military service or aggravated by military service. These orders are under challenge in this Writ Petition.

(2.) Petitioner submits that, at the time of enrolment in military service, the petitioner had undergone thorough medical examination in respect of his physical and mental faculties. Only after satisfying about his physical as well as mental health, he was enrolled in the Indian Army. At that time, the medical examination did not reveal any physical ailment whatsoever much less rheumatoid arthritis. As such, the disease now contracted by the petitioner is certainly attributable to military service or even if it is assumed for the sake of argument that the disease was a constitutional disease, which cannot be held to be due to military service, the same must certainly have been a preexisting disease aggravated by military service as is clear from the fact that at the time of enrolment, no such disease was detected after thorough medical examination.

(3.) I have heard both sides. Counsel for the petitioner presses into service a Full Bench decision of this Court in Baby v. Union of India and Ors., in which, this Court has categorically held that it is for the Department to prove that the disease on account of which the military personnel was invalided out of service is not attributable to military service or not aggravated by military service. Counsel would submit that the circumstances would, beyond a reasonable doubt, disclose that the disease of rheumatoid arthritis contracted by the petitioner is certainly attributable to military service or at least aggravated by the arduous training undergone by the petitioner in the military.