GURDEV SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) C.M. No. 18459 of 2009

(2.) The petitioner was enrolled in the Army on 14.4.1962 after having been found medically fit. After completion of training, the petitioner was made a Sepoy. The petitioner served both at field and peace areas as also at the high altitude. The petitioner also participated in the war like operations in Kashmir and Bangladesh. During active service in Rajasthan, the petitioner fell down while he was on duty. The petitioner was brought before the Invaliding Medical Board which recommended the invalidation of the petitioner from the Army due to the disease Hypertension (EFFOF) with Angina Decubitus. After rendering total service of 17 years and 161 days, the petitioner was invalided out of Army Service in the lowest medical category i.e. EEE with 30% disability for the aforesaid disease on 21.9.1.979. However, the petitioner has not been granted disability pension.

(3.) I have heard learned counsel for the parties. It is admitted case of the parties that at the time of recruitment, the petitioner was found medically fit and he had no such problem. The petitioner developed the problem after joining the service. This fact cannot be lost sight of that the Army service carries great stress and strains, particularly when the Army personnels are deployed not only during war, but even at the time of law and order problem and other natural calamities alongwith in the border areas. Their life is full of stress and strains. Such a disease is not unknown in such cases. It is also not recorded by the Medical Board that such a disease could not be detected at the time of petitioner's entry in service. Similar issue came up before various Courts from time to time. Relying upon various judgments of this Court and of the Delhi High Court, a Division Bench of this Court in the case of A.J.S. Chaudhary Vs. Union of India and others, 1999 (1) R.S.J. 778, has held as under :