- (1.) The present regular second appeal has been filed against the judgment of the lower Appellate Court vide which the suit filed by the plaintiff seeking disability pension was decreed and it was held that the plaintiff would be entitled to disability pension. A reading of the judgments of the Courts below would show that at the time when the plaintiff was recruited in the Army his medical category was 'A' fit medically in all respects. It was thereafter that he was discharged from service on 24.3.1971 as he had suffered a disability of 20%.
(2.) The disability assessed was "Anxiety". Disability pension was denied on account of the fact that the disease was a constitutional disease. On merits, the lower Appellate Court has found as hereunder: The answer of this question is that the disease was not constitutional, rather it is attributable to Army Service. The plaintiff was found fit at the time of his admission in the Army. On account of arduous duties which are supposed to be performed by the Jawans while in the Army service. The plaintiff was found fit at the time of his admission in the Army. On account of arduous duties which are supposed to be performed by the Jawans while in the Army service, whether in the plain or on the mountains, these types of diseases invariably occur. The disease as alleged was occurred as per the record of the medical board on 26.12.1970. Meaning, thereby prior to this date, he was fit. In those days, the disease occurred to him after completion of six years while in service in J & K. It is nowhere the case of the defendants that the plaintiff was suffering any disease at the time of enrollment because it was first noticed on 10.10.1970 in the field then it cannot be said that the disease namely ANXIETY STATE was a constitutional disease. ...
(3.) After going through the aforementioned observations I am of the opinion that since the plaintiff was fully fit when he joined the Army and thereafter suffered a state of Anxiety, the same is attributable to military service. Since the disease occurred after six years of service in Jammu and Kashmir which is a sensitive sector, I am of the opinion that the same is attributable to military service and cannot be said to be a constitutional disease. I therefore agree with the view taken by the learned lower Appellate Court that the disease occurred on account of arduous nature of duties performed in the Army.;