UNION OF INDIA Vs. RAVINDER KUMAR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order dated 17 -2 -2006 passed in SWP No. 190/2003 whereby the respondent has been held entitled to disability pension and consequently respondents have been directed to release the same in his favour.

(2.) FACTS which are not in dispute are that the respondent was enrolled in the Army on 14th March, 1998 and after basic military training was posted as Rifleman (Sepoy) in 18 JAK Rifles w.e.f. 25th Dec 1998. On being placed in low medical category CEE (Permanent) for two years and on account of solitary Generalized Tonic Colonic Seizure disease for two years with 20% disability, was invalided out of service. The opinion of the Release Medical Board in regard to the disability of the respondent was that it is: (a) Neither attributable to nor aggravated by military service. Condition could be genetic/familial in origin; (b) Not connected with service; (c) And same was assessed at 20% for two years.

(3.) WE have heard the learned Counsel for the parties and perused the record. The contention of the learned Counsel for the appellant is that since the medical board has opined that the disability of the petitioner was not attributable to military service nor it was aggravated thereby, therefore, the respondent is not entitled to disability pension. To the contrary the contention of the learned Counsel for the respondent is that since at the time of induction of the petitioner into army in his medical examination no such disease was detected on the person of the petitioner, therefore, it is to be presumed that at that time he was physically fit and was not suffering from any such disease, which has caused the disability. The disease, according to him with which the petitioner has been found suffering during his service is to be deemed to have resulted from the conditions of military service or in any case to have aggravated thereby, therefore, the respondent is entitled to disability pension and as such, the learned Single Judge was justified in allowing the writ petition in terms of regulation 173 of Pension Regulations for the Army 1961.