BRIJENDRA NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Intra Court appeal under Chapter-VIII, Rule-5 of the Allahabad High Court Rules has been filed against the judgment and order of the learned Single Judge dated 18.5.2007.

(2.) The learned Single Judge has specifically taken note of the fact that the claim of the petitioner for disability pension had been examined in light of Regulation 173 of the Pension Regulation dealing with disability pension. It has been recorded that as per the opinion of the Medical Board, the disability suffered by the petitioner was neither attributable to nor aggravated by military service, therefore, it has been held that the petitioner was not entitled to disability pension. The learned Single Judge has specifically taken note of the judgment of the Apex Court in the case of Controller of Defence Accounts (Pension) and others v. S. Balachandran Nair reported in AIR 2005 Supreme Court 4391 for the proposition that the opinion of the Medical Board has normally to be accepted with regards to the cause of disease unless there are very strong reasons for not relying on the said Medical Report.

(3.) The learned Single Judge has further recorded that no sufficient reasons have been furnished by the petitioner on the basis whereof, the report of Medical Board holding that the disease was not attributable or aggravated by the military service can be discarded. The learned Single Judge has therefore found no merit in the petition and has dismissed the same thereby upholding the order of the military authorities refusing to grant disability pension under the order dated 23rd May, 1986 and order dated 9th June, 1987.