Punjab-Haryana High Court
Hoshiar Singh Ex. Sepoy vs Union Of India (Uoi) And Ors. on 19 December, 1995
Equivalent citations: (1996)113PLR5
JUDGMENT Jawahar Lal Gupta, J.
1. The petitioner was enrolled in the Indian Army on Nov. 20, 1970. Less than 10 years later he was invalided out as he was suffering from 'Neurosis'. The petitioner prays for the issue of writ of the nature of Mandamus directing the respondents to grant him disability pension with effect from the date of discharge viz, January 14, 1980.
2. The respondents contest the petitioner's claim on the ground that the disability was not attributable to military service. Admittedly disability was 60%.
Counsel for the parties have been heard.
3. The grant of disability pension is governed by Regulation 173 of the Pension Regulations 1961. The Regulation inter alia provides that "the. disability pension may be granted to an individual who is invalidated from service on account of disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over." The question whether disability is attributable to or aggravated by military service has to be decided in accordance with Rule 7(b) of Appendix II. In Appendix II it has been inter alia provided that "A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of individual's acceptance for military service. However, if medical opinion holds, for reasons to be stated that the disease could not have been detected on medical examination prior to acceptance for service the disease will not be deemed to have arisen during service."
4. Admittedly the petitioner was physically fit at the time of his enrollment on November 20, 1970. At that time he was exactly 20 years of age. On January 14, 1980, when he was invalided out of service, the petitioner was suffering from Neurosis. It has not been averred by the respondents that any medical board had found that the disease existed at the time of his entry into service or that it was such as could not have been detected on medical examination. Still further it is the admitted position that the petitioner had developed Neurosis for the first time on February 23, 1977. By that time he had already served in the Indian Army for more than six years. This condition coupled with epilepsy continued till the petitioner's invalidation out of service.
5. In view of the provision of Regulation 173 read with that in the Appendix, it has to be assumed that the disease was attributable to the army service. This is all the more so in view of the fact that there is no medical evidence that the petitioner was suffering from such a disease at the time of his entry into service or that it could not have been detected on medical examination.
6. In view of the above the action of the respondents in rejecting the petitioner's claim for the grant of disability, pension cannot be sustained. The orders rejecting his representation/appeals are consequently set aside. The respondents are directed to release the disability pension in accordance with the rules. The needful shall be done within three months from the date of the receipt of a copy of this order. In the circumstances, of the case there will be no orders as to costs.