HARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner joined defence service in Rajput Regiment on July 8, 1979 as a Sepoy but was discharged on July 23, 1981. THErefore the petitioner got reemployment on July 1, 1983 in Defence Security Corps and was discharged because of invalidation on June 2, 1989. THE petitioner in the instant writ petition claims the disability pension.

(2.) ON Notice of motion, the respondent have filed their written statement and the board facts have not been denied. It has been placed that while serving in DSC the petitioner was hospitalised on July 7, 1987 and was diagnosed to be suffering from NEUROSIS. ON August 30, 1986 the petitioner was involved in a scuffle. The petitioner was thoroughly examined by legally constituted invaliding medical board and it was opined by the Board on May 1, 1989 that the petitioner be invalided out of service due to the following disabilities- (a) Depressie, Neurosis (old) (b) Stab Injury Chest (left) It was further opined by the Medical Board that the above disabilities of the petitioner were neither attributable to nor aggravated by military service but were constitutional in nature not related to army Service. The disability pension claim of the petitioner was rejected by the Chief Controller of Defence Accounts (Pension) Allahabad vide letter dated march 20, 1990. The petitioner was not entitled to disability pension but invaliding benefits admissible to him were paid.

(3.) RULE 7 (b) of Appendix II (Entitlement RULEs) reads as under- " (a) In respect of disease, the following rules shall be observed- (b) A disease which has led to an individual 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 hold, 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. "