This petition allowed disability pension to a retired Colonel suffering from Coronary Artery Disease and Hypertension. The court held diseases were attributable to military service, overriding the Medical Board's negative opinion.
Petition allowed; petitioner held entitled to disability pension from date of discharge with arrears.
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CWP No.16960 of 2009 : 1
In the High Court of Punjab and Haryana at Chandigarh
Date of decision: 6.11.2009
IC-38567 A Colonel (Retd.) Sahdev Singh Baj
... Petitioner
Versus
Union of India and others
... Respondents
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: Mr.Navdeep Singh, Advocate,for the petitioner. Ms.Anjali Kukar, Advocate, for the respondents.
PERMOD KOHLI, J. (Oral)
Notice of motion.
On the asking of the Court, Ms.Anajli Kukar, Advocate, accepts notice on behalf of the respondents. Copy of the writ petition has been supplied to her in Court today itself.
With the consent of the learned counsel for the parties, the petition has been heard for final disposal at the stage of motion hearing.
The petitioner commissioned into the regular Indian Army on 22.12.1979 in medical category SHAPE-1. He remained posted on various tough places. He developed Coronary Artery Disease which was assessed at 40 per cent as also Hypertension which was assessed at 30 per cent. The petitioner also undergone angioplasty twice due to the disease aforesaid. The disease was attributable to and aggravated by military service whereas the Medical Board gave its opinion in this
CWP No.16960 of 2009
: 2
regard in negative. Petitioner retired from service on 31.7.2006 with 40 per cent disability for Coronary Artery Disease and 30 per cent for Hypertension. His claim for disability pension was rejected by the respondents vide order dated 10.08.2007 on the grounds that the disabilities were not attributable to or aggravated by the Military Service. It is under these circumstances that the petitioner has filed the present petition seeking disability pension from the date of his discharge.
Similar issue came up for consideration before a Division Bench of this Court in the case of Union of India and others Vs. Ex.Sepoy Ranjit Singh, (LPA No.547 of 2001) decided on 11.2.2009.
It is agreed to by the learned counsel for the parties that the controversy involved in the present case is squarely covered by the aforesaid judgments wherein the following observations are made:-
“15. In Naveen Chander (Supra), it was held that the opinion of Medical Board must be self contained and well reasoned and supported by documentary proof and therefore, the opinion that the disease was not attributable to the military service was without any basis. Moreover, para 14 of 1982 Rules provides that if a person is fit at the time of entry into service, there will be presumption that the disease is due
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: 3
to the military service though on facts it could be established that the disability existed prior to entry into service and the mere fact that such disease was not detected at the time of entry into service will not be conclusive. Similar view has been taken by this Court in Joginder Singh and Ex-Sepoy Bhola Ram (supra) and the Madhya Pradesh High Court in Hemant
Kumar (supra).”
The aforesaid observations are fully applicable to the present case. The disabilities of the petitioner have been assessed at 40 per cent and 30 per cent for Coronary Artery Disease and Hypertension, respectively which is held to be attributable to aggravated by Military Service. The petitioner is, thus, held entitled to disability pension from the date of his discharge from service. All arrears be paid to him within a period of six months from the date of receipt of a certified copy of this order.
With the aforesaid observations, present petition is allowed with no order as to costs.
06.11.2009 BLS
(PERMOD KOHLI) JUDGE
2 issues framed by the court
Whether the petitioner is entitled to disability pension despite the Medical Board's negative opinion on attribution to military service.
Whether non-detection of disease at entry negates presumption that disability arose from military service.
Sahdev Singh Baj
Union of India
PERMOD KOHLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
