(1.) PRIMARY hypertension was found to be the disease which led to the petitioner being boarded out of service. The matter was referred to the Controller of Defence Accounts That office has come to the conclusion that the disease in question is constitutional in nature and therefore, the petitioner is not entitled to disability pension. In this regard, it would be apt to refer to the stand taken by the respondents It is stated in para 3 of the objections that, during the year 1991 when the petitioner was with the Army Clerk Training School Aurangabad and was Naib Subedar at that time the Medical Authorities during routine Medical Examination detected that the petitioner was case of hypertension. Immediately thereafter the petitioner was admitted in the Military Hospital Aurangabad on 16.3.1991 and was placed in the Medical Category CEE Temporary petitioner was given the required treatment. The petitioner was ultimately discharged from service in Decâ„¢98. The case of the petitioner for sanctioning disability pension was sent to the Chief Controller of Defence Accounts (Pension), Allahabad but it is that office which has rejected the pension claims of the petitioner. The reasons given, as indicated above is that the disease is constitutional.
(2.) THE fact that several factors including the environment to which a person is put leads to the diseases like mental stress, depression and high blood pressure is judicially recognized in the case of Church of God (Full Gospel) in India V. K.K.R. Majestic Colony Welfare Association and others, (2000)7 SCC 282, wherein the Supreme Court observed as under: - In these days, the problem of noise pollution has become more serious with the increasing trend towards industrialization, urbanization and modernization and is having many evil effects including danger to health. It may cause interruption of sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood pressure, depression irritability, fatigue, gastrointestinal problems, allergy, distraction, mental stress and annoyance etc. This also affects animals alike. The extent of damage depends upon the duration and the intensity of noise. In Harrisonâ„¢s Principles of Internal Medicine Vol. 1, at page 1025, it has been mentioned that a number of environmental factors have been specifically implicated in the development of hypertension including salt intake, obesity, occupation, family size, and crowding. These factors have all been assumed to be important in the increase in blood pressure with age in more affluent societies, in contrast to the decline in blood pressing with age in more primitive cultures. Therefore, to say that hypertension is a constitutional disease would not be a right way of looking at the matter. There is nothing on the record to indicate that any family member of the petitioner was having this problem, and therefore, to say that the disease is genetic or for that matter constitutional would not be correct. The petitioner had joined the army in 1972. He was discharged inDecâ„¢98 i.e. he had put in almost 26 years of service with the respondent Union of India. In para 3 of the objections, as indicated above, the respondents have stated that the respondents first time noticed in the year 1991 that the petitioner is a case of hypertension. Therefore, it has to be presumed that the disease from which the petitioner came to suffer occurred on account of hazards of military service. This is because as noticed above, the different environmental factors can lead to occurrence of this disease. Any army personnel has to perform his duties at different stations during his service tenure, and therefore, the different environmental factors to which he was subjected to, as indicated above could lead to creation of the disease from which the petitioner came to suffer. Therefore, it can be safely conduced that the petitioner came to suffer from this malady on account of hazards of military service as there was no mention regarding this fact at the time of his entry into service.
(3.) THE above position of law is well settled that in case a person is not suffering from any disease at the time of his entry into service, then the normal presumption is that the disease from which the concerned personnel came to suffer and which led to his discharge from has occurred on account of hazards of army service. Such a view was taken by a Division bench of this court in the case of Union of India V. Rattan Lal, 1999(2) SCT 39. After taking note of the various judicial precedents in this regard, the Division Bench observed as under: - i/ That in case mention is not made regarding the disease or disablement at the time entry in service, then it is to be presumed that the disability occurred during the course of service. ii/ That disability would be on account of stress and strains of army service; iii/ If competent authority is to disagree with the finding recorded by the medical board visa -vis the disability or the percentage thereof, the matter should be referred to the Medical Board. iv/ As there is no finding recorded that the respondent writ petitioner was suffering from a disease which could not be detected at the time of entry into service, the appellant -Union of India cannot take a summersault and come to a contrary conclusion. v/ Delay in approaching the court is irrelevant.