UNION OF INDIA Vs. SURJEET KUMAR

JUDGEMENT

(1.) Union of India and its functionaries have preferred this Original Side Appeal under Clause 12 of Letters Patent against the judgment of a Learned Single Judge of this Court in SWP No. 2022/2000 allowing respondent -Surjeet Kumars writ petition No. 2022/2000, And while quashing Ministry of Defences Communication No. 7 (1723)97/D/Pen A & AC dated 17 -05 -2000, directing the appellants to assess and pay disability pension to the respondent along with its arrears from the date he was invalided back home from Army service, as admissible under rules.

(2.) FACTS leading to the filing of this appeal may be stated thus: - Respondent -Surjeet Kumar filed SWP No. 2022/2000 saying that appointed as a Rifleman in the Indian Army on 4th of October, 1993, he performed his duties satisfactorily and was awarded a Sainya Seva Medal too. Though found fit by the Board of Doctors at the time to his enrolment, he was boarded out on medical category on 8th of November, 1992. The Chief Controller of Defence Accounts, rejected his case for disability pension, aggrieved whereby, he preferred an appeal which was rejected vide Ministry of Defences communication No. 7 (1723)97/D/Pen A & AC dated 17 -05 -2000. He was medically fit at the time of entry into Army service and the disability which he suffered during the course of his Army service because of the stress and strain while in service, was attributable wholly to the Army service. Appellants contested respondents claim saying that he was examined by a Medical Officer at the time of his entry into Army service and not by the Medical Board, who had found him fit for his enrolment in the Army. The respondent had concealed real facts at the time of his entry into service which came to light subsequently when on his admission at 92 Base Hospital, he was found to be a case of Impotency (Psychosexual dysfunction). He was discharged from Hospital in medical category CEE (temporary) with effect from 6th of October 1986. His medical category was later upgraded to BEE and on revision at Army Hospital Delhi Cantt, his diagnosis was changed to Neurosis resulting in change in his medical category AYE with effect from 31st of January, 1990.

(3.) A Learned Single Judge of this Court, rejected appellants contention and allowed respondents writ petition relying on Army Regulations and a Single Bench judgment of this Court reported as Manjeet Singh vs. Union of India, 1977 KLJ 179, on the following finding: -