B S RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as an Airman (under training) in the Indian Air Force on 1.2.1988. On the completion of his training, he was subjected to another medical examination and having been found fit by a competent Medical Board, was attested as an Airman on 27.6.1989. The petitioner was, thereafter, posted at a Unit in Dinjan (Assam) and remained there for more than three years. While so posted, the petitioner was referred to the Air Force Hospital at Jorhat for treatment of "non-organic psychosis" and as his disease was found to be incurable, he was discharged from the Air Force after having put in a little more than six years in service. A copy of the Discharge Certificate dated 4.2.1994 has been appended as Annexure P-1 to the petition. The petitioner, thereafter, laid a claim to disability pension which was recommended by the Commanding Officer on the ground that his disability was to be attributed to the harsh service conditions under which he had served. The petitioner's case was considered by a Medical Board at Bombay but his claim was declined on the ground that his disease was not attributable to Air Force Service. The findings of the Board were confirmed by the C.G.D.A. (P) Allahabad and this information too was conveyed to the petitioner vide Annexure P-2 dated 31.3.1995 by the Air Force Record Office. An appeal preferred by the petitioner before the Central Government was also dismissed vide Annexure P-4 dated 15.11.1996, on the ground that his disability had commenced in November, 1990 when he had been posted in a peace area and had not been aggravated on account of pressure of work or the nature of service rendered by him subsequently in a field area. The petitioner has impugned Annexures P-2 and P-4 by way of this writ petition.

(2.) Mr. Manjeet Dalai, the learned Counsel for the petitioner has argued that as per Regulation 153 of the Pension Regulations for the Air Force, disability pension was to be granted to an individual invalidated out of service on account of disability which was attributable to or aggravated by Air Force service and assessed at 20% or more and that the question whether the disability was attributable or aggravated by that service was to be determined under Annexure I with Appendix II of the Entitlement Rules here-in after called the 'Rules'. He has urged that Rule 4 of the Rules clearly stipulated that in deciding the issue of entitlement to a disability pension, all evidence both direct and indirect was to be taken into account and if there was a doubt with regard to the claim, the benefit thereof ought to accrue to the claimant. He has also urged that Rule 7(b) of the Rules clearly stipulated that a disease which had led to an individual's discharge or death would ordinarily be deemed to have arisen in service if no note of it was made at the time of the individual's acceptance for air force service, but if medical opinion held for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease would not be deemed, to have arisen during service. He has urged that it was evident from the narration of facts given above that the petitioner had been examined by a Medical Board not only at the time when he was enrolled as an Airman under training in the year 1988 but also at the time of his attestation in the year 1989 and on both occasions, he had been found to have been medically fit. He has, accordingly, urged that In the light of a Division Bench judgment of this Court in Union of India v. Gurnam Singh, 1998(2) Judicial Reports (Labour & Services) 191, a presumption had to be drawn that the petitioners' disease was attributable to Air Force Service.

(3.) As against this Mr. Anil Rathee, the learned Counsel appearing for the respondents-Union of India has relied on Union of India v. Baljit Singh, 1997(1) S.L.R. 98, Ashwani Kumar, Ex. Havaldar v. Union of India, 1997(1) R.S.J. 277 and Gurdip Singh (Retd.) Subedar (Hony. Lt.) v. Union of India and Ors., 1997(5) S.LR. 341.