J.S. Narang, J. - (1.) THE petitioner was enrolled in the Army Corps of Signals on 4.11.1980. He had been medically examined and was found fit, as a sequel thereto was placed into medical category 'A' AYE. In the said certification, no note or any mention had been made in respect of any disease likely to be contracted subsequently. After the petitioner had put in service for 17 years 27 days, he had been discharged on the ground of having contracted disability by the Invalidating Medical Board vide certification dated 1.12.1997. The invalided disability has been accepted to the extent of 30% for life, i.e. total deafness of right Ear and that the Medical Category of the petitioner was graded as BEE(P).
(2.) IT is the contention of the petitioner that the a foresaid disease was suffered by him during service and that the petitioner has been under treatment at the Military Hospital at Jalandhar Cantt. The disease is attributable to and aggravated by the Military Service. The petitioner put in his claim for granting of disability special family pension and that his claim was set in motion for the disability pension claimed. Finally, a communication dated 27.4.1998 has been received by the petitioner from the concerned quarters (copy Annexure P -1). The claim of disability pension has been rejected holding it to be constitutional in nature and not related to service. Aggrieved of the said decision, the petitioner filed an appeal in May, 1998 before the Secretary, Government of India, Ministry of Defence (Pen A), New Delhi, Despite numerous reminders, the appeal has not been decided. Being aggrieved of inaction on the part of the Appellate Authority, the present petition has been filed.
(3.) IT is the case of the petitioner that he is entitled to disability pension as per provisions of Pension Regulations for the Army -1961, Part I and para 423 of the Medical Regulations. It is averred that according to para 3 of Appendix II of the aforesaid regulations, for entitlement of disability pension, the casual connection between disablement or death and military service for attributability or aggravation is to be considered. In the case of the petitioner, there is a direct relation of disability attributable to the military service, as he had not suffered the said disability at any stage. It is only after putting in 12 years of service that he suffered total deafness of right ear. Reference and reliance has also been placed upon para 7(b) of the aforesaid appendix of the aforesaid regulations. It shall be apposite to notice the same which reads as under: - "(b) 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 the 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 of acceptance for service the disease will not be deemed to have arisen during service.";