UNION OF INDIA Vs. NAR SINGH DEV SINGH

JUDGEMENT

(1.) THE appellants have preferred this Letters Patent Appeal against the order dated 24.9.2005 passed in SWP No. 2354/2000 whereby the learned Single Judge after allowing the petition of the respondent has directed to process the case of the petitioner/respondent herein for grant of disability pension and grant the same as admissible under rules.

(2.) THE material facts for disposal of this appeal are that the respondent Nar Singh Dev Singh was recruited in Indian Army on 26.11.1979 on being subjected to other tests including medical examination. While serving in the Army, he suffered from FITS -NYT in the year 1981 and was placed in EEE medical category. His disability was assessed more than 50% and boarded out on medical ground vide discharge order dated 26.2.1982. The case of the respondent for grant of disability pension was forwarded to Controller of Defence Accounts (Pension), Allahabad, but his claim for disability was rejected on the ground that the disability suffered by the respondent was neither attributable to nor aggravated by military service. The respondent challenged this communication by way of SWP No. 2354/2000 in this Court seeking quashment of aforesaid communication and direction for grant of disability pension, The learned writ court vide order dated 24.9.2005 has allowed the writ petition and directed the appellants herein to process the case of the petitioner/respondent for grant of disability pension on the basis of disability assessed by the Medical Board and grant disability pension to the petitioner as admissible under rules.

(3.) THE learned Counsel for the appellants have contended that the Medical Board has given its opinion that the disability of the petitioner was not attributable to the Military service nor it was aggravated thereby and thus the respondent is not entitled to disability pension. He has further argued that the disease is constitutional in nature. On the other hand, the learned Counsel for the respondent has submitted that since at the time of induction of respondent into army he was medically fit at that time, therefore, it is to be presumed that the respondent has suffered the disease during his service because of the conditions of military service and thus the respondent is entitled to disability pension.