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2. The background facts are as follows. On 29.5.1968, the respondent was enrolled in the Indian Army as an MT in the Supply Corps. According to him at the time of enrolment, he was found medically fit and placed him the medical category AYE. On 31.7.1971 he was re-mustered in the Armoured Corps where he was adjusted in the Operator/Driver Trade. According to the respondent he was again found medically fit and kept in category AYE. The respondent stated that he participated in the 1971 IndoPak conflict in the Western Sector and was promoted to the rank(s) of Lance Naik, Naik, Havildar and then Naib Risaldar which is a post of the rank of Junior Commissioned Officer in 1986. In April 1991 he experienced loss of vision which was diagnosed as Lenticular Bilateral Opacity and placed in lower medical category BEE (Temp). Later he was lowered to category CEE (Perm) with effect from 22.9.1992. In April, 1992 he developed pain in the left arm and was admitted in Medical Hospital, Pathankot. The ailment was diagnosed as Partial Seizure and he was recommended for being placed in the lower medical category on account of said disability too. On 30.3.1993 he was discharged under Rule 13(3)(iii)(b) of the Army Rules, 1954. Contending that the discharge was on account' of diseases which were attributable to or aggravated by military service the respondent applied for disability pension which was rejected on 29.9.1993. Appeal against the decision was rejected on 28.2.1995 and he then Tiled the writ petition in this Court which was allowed by the learned Single Judge giving rise to this appeal.

4. Rule 173 of the Pension Regulations for the Army, 1961 provides for grant of disability pension to any person who is invalidated from military service on account of a disability which is attributable to or aggravated by military service where the disability is assessed at twenty per cent or more.

5. On behalf of the respondent reliance was placed on paragraph 7(b) of Appendix II of the Army Pension Regulations and it was submitted that any disease which had not been noted at the time of enrolment will be deemed to have arisen in military service and inasmuch as Lenticular Bilateral Opacities or seizure was not noted in course of medical examination at the stage of respondent's enrolment, the diseases must be held to have been caused by military service. The learned Single Judge therefore did not commit any error in allowing the claim of the respondent. Counsel placed reliance, apart from decisions in Chhattar Singh and Tejpal Singh (supra), on Union of India and Ors. v. Bodan Lal Yadav 1994 (1) SLR 390, Union of India and Ors. v. Rattan Lal 1998(8) SLR 484 and Union of India v. Gurnam Singh 1999(1) SLR 406.

10. Counsel for the respondent in the circumstances submitted, and to some extent rightly, that the Medical Board was required to give reasons for holding that the disease was not attributable or aggravated by military service and where reasons are not assigned the disability pension cannot be denied. As a general proposition the submission is well founded and accordingly we called upon counsel for the appellants to produce the relevant records to find out the reasons.

11. The record among other things contains the proceedings of the Medical Board. The proceeding sheet is in three parts. The third part contains opinion of the Medical Board. In column II thereof there are sub-columns meant for reasons perusal of which shows that the Medical Board came to a definite conclusion that both the diseases were not attributable to or aggravated by military service. The diseases were found to be constitutional in nature. As regards Lenticular Bilateral Opacities the disease was found to have developed at the age of 42 years when the respondent was posted in peace area. Partial seizure was also contracted while serving in peace area. There was no evidence of any head injury which could have caused or aggravated the disease. In sub-column (d) the disease was described as idiopathic disorder, not connected with service.