HOSHIAR SINGH EX SEPOY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army on Nov. 20, 1970. Less than 10 years later he was invalided out as he was suffering from 'Neurosis'. The petitioner prays for the issue of writ of the nature of Mandamus directing the respondents to grant him disability pension with effect from the date of discharge viz, January 14, 1980.

(2.) The respondents contest the petitioner's claim on the ground that the disability was not attributable to military service. Admittedly disability was 60%.

(3.) The grant of disability pension is governed by Regulation 173 of the Pension Regulations 1961. The Regulation inter alia provides that "the. disability pension may be granted to an individual who is invalidated from service on account of disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over." The question whether disability is attributable to or aggravated by military service has to be decided in accordance with Rule 7(b) of Appendix II. In Appendix II it has been inter alia provided that "A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of individual's acceptance for military service. However, if medical opinion holds, for reasons to be stated that the disease could not have been detected on medical examination prior to acceptance for service the disease will not be deemed to have arisen during service."