SOM NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Grant of disability pension in favour of the Petitioner has been declined vide order No. G 3/95/27/1192/JK Rif, dated 10th of April' 1992 issued by Chief Controller of Defence Accounts (Pen) Allahabad. In terms of the said order it has been decided that the disability viz., BILATERAL SENSORI NEURAL NEITHER ATR TO NOR ACR BY, based on which invalidment of the Petitioner has been ordered (i) is not attributable to the military services, (ii) does not fulfill the condition that it existed before and has remained aggravated thereby; (iii) is attributable to/aggravated by service but assessed at less than 20%. Same order is stated to been conveyed to the Petitioner on 29th of December' 2011. Aggrieved thereof, instant petition has been filed.

(2.) Petitioner has been enrolled on 24th of January' 1980 as Sepoy and was allotted No. 13744576-K. After rendering nearly twelve years of service has been invalidated out on medical grounds under Army Regulations on 10th of November' 1991. Petitioner, admittedly at the time of his enrolment, was found medically fit as no disease whatsoever was detected at that time nor has anything as such been recorded against him. According to learned Counsel for Petitioner, the disease suffered by Petitioner was due to stress and strain of the Military service. When he was invalidated out, he was examined by the Medical Board and was recommended for grant of disability pension as the Board has assessed the disability as 40 per cent and has also recorded that the disease is attributable to Military service. Ignoring the recommendation and the opinion of the Medical Board, the disability of the Petitioner has been decided not to be attributable to Military service.

(3.) Respondents in opposition, in their objections, have stated that duly constituted Medical Board assessed the disability of the Petitioner to be at 40 per cent for two years, neither attributable nor aggravated by the Military service. It is also stated that the Petitioner was placed under Low Medical Category GEE (Permanent) w.e.f. 31st of December' 1988 and was retained in service in public interest being low medical category under shelter employment. It is also stated that at the time of enrolment, recruiting medical officer was not specialized Doctor. The constitutional disorders may show its symptoms during the period of Military service at any time even due to the reasons not attributable to the Military service as in the case of the Petitioner. It is also stated that the Petitioner's case does not meet the eligibility conditions for grant of disability pension as envisaged under Rule 173 of the Pension Regulations for the Army, 1961, Part I.