- (1.) The matter here concerns the claim for disability pension put forth by the Sepoy of the Indian Army, who had been discharged from service on the ground of medical disability.
(2.) The entitlement of disability pension is governed by the provision of Pension Regulation 173, which read as under : "Unless otherwise, specifically provided a disability pension may be granted to an individual who is invalidated from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over."
(3.) As regards the manner of determination of medical disability, reference must be made to clause (c) of paragraph 423, which is reproduced herein under : c) the cause of disability or death resulting from a disease as attributable to service when it is established that the disease arose during service on the condition and circumstances of the disease. Cases in which it is established that service condition did not determine or contribute to the on/set of the disease but influenced the subsequent course of the disease will be regarded as aggravated by service. A disease which 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 service in the Armed Forces. However, if medical opinion holds, for the reasons to be stated that the deceases could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service." A plain reading of this provision would show that the cause of disability which led to the person concerned being discharged from service will be deemed to have arisen in service, if, no note of it was made at the time of his entry in the armed forces that he was suffering from such disability or unless a note is recorded at a subsequent date that the disease in question was such as could not have been detected by medical examination before he had joined service.;