PURAN CHAND Vs. U.O.I

JUDGEMENT

(1.) THE petitioner was enrolled in the Indian Army on 07/06/1976. At the time of his enrolment, the petitioner was subjected to physical test as well as Medical Examination by the Recruitment Medical Board. After the Medical Examination of the petitioner, he was placed in Medical Category (AYE) and as such found physically fit for enrolment in the Indian Army. Thereafter, the petitioner came to be enrolled and remained posted in various regiments of the Punjab. In the year 1986, when the petitioner was posted in 3rd Punjab Regiment of Indian Army, he was deputed to Fire Rocket Launcher Course. During that course his both ears was defected on account of High Firing Bang of the Rocket Launcher. The petitioner was treated by various Medical authorities of the Army and was diagnosed that he suffering from Sensory Neural Hearing Loss. The petitioner was, accordingly, subject Medical Board at 170 Military Hospital. After examination of the petitioner by the Medical Board, the Medical Board was of the opinion that disability of the petitioner was attributable on account of service factors and he was downgraded to Medical Category CEE (Temporary) for six months.

(2.) IT is contended that the petitioner was again subjected to Medical Board in the year 1993, as the condition of his ears did not improve. At that point of time, the disability of the petitioner was assessed to be 40% and he was, accordingly, discharged from service on medical ground in the lowest Medical Category i.e. EEE on 31.07.1993.

(3.) THE Union of India has filed the objections to the writ petition and resisted the claim of the petitioner on the ground that the petitioner is not entitled to disability pension because the disease for which the petitioner was suffering is not attributable or aggravated due to the Military Service.