JASWANT SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner joined the military service on 8.4.1950 and was discharged on medical grounds on 18.11.1957. He was suffering from Palpitation Dyspnoea on Exertion. He claimed disability pension from the Army authorities. Since the claim was not accepted, he filed CWP 1186 of 2000 in this Court, which was disposed of by the learned single Judge on 11.1.2001 with the direction to the respondents to constitute a Medical Board, which should examine the petitioner and find out whether the disease as a result of which he was invalided out from the military service was attributable to that service or in any way aggravated by it. In pursuance to the direction of this Court the petitioner was examined by a Medical Board, which found the petitioner suffering from the following disease :

(2.) The Board further opined that the disability was not attributable/aggravated by military service as it has congenital and chromosomal basis. Since the Medical Board has found that the disease, which resulted in the discharge of the petitioner from the military service, is not attributable to that service and is congenital, we are clearly of the view that the petitioner is not entitled to claim disability pension. The learned counsel for the petitioner strenuously urged that the Medical Board was not right in holding that the disease was not attributable to military service. We are unable to accept this contention. The medical experts had examined him and in their opinion, which should normally be taken as final, the disease is not attributable to Army service.