Ex.Naik Umed Singh vs Union Of India & Others on 14 May, 2014
In Ex.
Naik Umed Singh's case (supra), observations have been made that if a
disease is accepted as having arisen in service, it must also be established
Tiwana Dalbir Singh
2014.06.30 15:19
I attest to the accuracy and
integrity of this document.
High Court, Chandigarh
Civil Writ Petition No. 12813 of 2013 6
that the conditions of military service determined or contributed to the onset
of the disease and that the conditions were due to the circumstances of duty
in military service. More so it is within a very short period of one year
and five and a half months approximately of the joining of the petitioner the
same has been detected does not appeals to us that within such a short spell
of time this disease has developed and rather it is over a certain period of
years it must have taken to develop into such a complicated disability
extending to 60%. Certainly at the time of recruitment complicated test of
MRI/CT scan etc. are rarely undergone and it is subsequent as is apparent
from this case when the disease has fully developed and showed apparent
signs and complications leading to its detection and which most in all
probability and possibility is on account of pre-service history of the
petitioner. Thus, in terms of clause 14(b) of Appendix-II of the Regulations,
we hold that the disease is not deemed to have arisen during the service and
thus is neither attributable to or aggravated by military service. The learned
Tribunal has rightly considered it so and there appears to be no illegality
and perversity in these findings which needs to be upheld. The writ
petition, thus, is accordingly dismissed.