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1 - 9 of 9 (0.51 seconds)U.O.I. And Ors vs Keshar Singh on 1 July, 2015
34. Thus, in the facts and circumstances discussed above, we are of the
view that while there cannot be any dispute about the correctness of the legal
principles enunciated by this Court in the above-mentioned cases of Keshar
Singh (supra), Surinder Singh Rathore (supra), A.V.Damodaran (supra);
Jujhar Singh (supra) and Talwinder Singh (supra), we would hasten to add
that the opinion of the Medical Board which is to be treated as final and
binding as per aforesaid Regulations, has to be supported by reasons for
arriving at the conclusion about the nature of medical disability, before the
same can be acted upon for the purpose of discharge of a serviceman and
denial of disability pension as otherwise, a valuable right of a serviceman to
get retiral benefits who has rendered long years of service for the nation
would be unjustly deprived.
Union Of India & Ors vs Surinder Singh Rathore on 13 March, 2008
34. Thus, in the facts and circumstances discussed above, we are of the
view that while there cannot be any dispute about the correctness of the legal
principles enunciated by this Court in the above-mentioned cases of Keshar
Singh (supra), Surinder Singh Rathore (supra), A.V.Damodaran (supra);
Jujhar Singh (supra) and Talwinder Singh (supra), we would hasten to add
that the opinion of the Medical Board which is to be treated as final and
binding as per aforesaid Regulations, has to be supported by reasons for
arriving at the conclusion about the nature of medical disability, before the
same can be acted upon for the purpose of discharge of a serviceman and
denial of disability pension as otherwise, a valuable right of a serviceman to
get retiral benefits who has rendered long years of service for the nation
would be unjustly deprived.
Secr.,Ministry Of Defence & Ors vs Damodaran A.V.(D) Thr.Lrs. & Ors on 20 August, 2009
35. It may also be noted that in A.V. Damodaran (supra) where this Court
had dealt with the discharge due to Schizophrenia, the Medical Board had
given detailed reasons for their opinion as mentioned in Para 4 of the aforesaid
decision, which is not the case in other cited cases and also in the present case.
Page 29 of 31
The issue of giving reasons for the opinion of the Medical Board has not been
discussed in these cited cases.
Union Of India & Ors vs Jujhar Singh on 15 July, 2011
34. Thus, in the facts and circumstances discussed above, we are of the
view that while there cannot be any dispute about the correctness of the legal
principles enunciated by this Court in the above-mentioned cases of Keshar
Singh (supra), Surinder Singh Rathore (supra), A.V.Damodaran (supra);
Jujhar Singh (supra) and Talwinder Singh (supra), we would hasten to add
that the opinion of the Medical Board which is to be treated as final and
binding as per aforesaid Regulations, has to be supported by reasons for
arriving at the conclusion about the nature of medical disability, before the
same can be acted upon for the purpose of discharge of a serviceman and
denial of disability pension as otherwise, a valuable right of a serviceman to
get retiral benefits who has rendered long years of service for the nation
would be unjustly deprived.
Union Of India & Anr vs Talwinder Singh on 20 April, 2012
34. Thus, in the facts and circumstances discussed above, we are of the
view that while there cannot be any dispute about the correctness of the legal
principles enunciated by this Court in the above-mentioned cases of Keshar
Singh (supra), Surinder Singh Rathore (supra), A.V.Damodaran (supra);
Jujhar Singh (supra) and Talwinder Singh (supra), we would hasten to add
that the opinion of the Medical Board which is to be treated as final and
binding as per aforesaid Regulations, has to be supported by reasons for
arriving at the conclusion about the nature of medical disability, before the
same can be acted upon for the purpose of discharge of a serviceman and
denial of disability pension as otherwise, a valuable right of a serviceman to
get retiral benefits who has rendered long years of service for the nation
would be unjustly deprived.
No. 14666828M. Ex Cfn Narsingh Yadav vs Union Of India on 3 October, 2019
and others, (2009) 9 SCC 140; Union
of India & Ors. vs. Jujhar Singh, (2011) 7 SCC 735; Union of India and
Anr. vs. Talwinder Singh, (2012) 5 SCC 480, No. 14666828M EX CFN
Narsingh Yadav vs. Union of India & Ors. (2019) 9 SCC 667, and the
decision of Kerala High Court in Baby vs. Union of India, 2003 (3) KLT 362
(FB).
Baby Devassy Chully @ Bobby vs Union Of India And Ors on 12 October, 2012
and others, (2009) 9 SCC 140; Union
of India & Ors. vs. Jujhar Singh, (2011) 7 SCC 735; Union of India and
Anr. vs. Talwinder Singh, (2012) 5 SCC 480, No. 14666828M EX CFN
Narsingh Yadav vs. Union of India & Ors. (2019) 9 SCC 667, and the
decision of Kerala High Court in Baby vs. Union of India, 2003 (3) KLT 362
(FB).
Veer Pal Singh vs Secretary,Ministry Of Defence on 2 July, 2013
29. We are mindful of the fact that we are dealing with the case of disability
due to Schizophrenia which impairs the cognitive capacity of the person,
which naturally will affect the ability of the appellant to properly advance his
own cause relating to the cause and circumstance of the illness before the
authority. This Court has been cognizant of the debilitating effects of
Schizophrenia in Veer Pal Singh v. Ministry of Defence, (2013) 8 SCC 83 in
the following words:
1