Appeal against grant of disability pension for stress-induced seizure. Court upholds lower courts' finding of fact that ailment arose from army service, making the appellant eligible.
Permission for refilling of the appeal was condoned and the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R.S.A. No. 2907 of 2009(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
R.S.A. No. 2907 of 2009 (O&M)
Date of Decision: November 6, 2009
Union of India and others
…..Appellants
Vs.
Sharanjit Singh
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.S.K. Sharma, Advocate for the appellants.
-.-
M.M.S. BEDI, J. (ORAL)
For the reasons mentioned in the application, the delay in refilling the appeal is condoned. Application stands disposed of.
Counsel for the appellants has contended that the plaintiffrespondent has wrongly been granted disability pension as the disease i.e. Generalized Tonic Clonic Seizure, 345 V-64 is neither attributable nor aggravated by the military service and further the same has been assessed to be less than 20%.
R.S.A. No. 2907 of 2009(O&M) [2]
I have heard counsel for the appellants. The Courts below have given a concurrent finding of fact that the appellant had suffered the ailment on account of stress and strain of the army service as such he is entitled to disability pension. No reasonable ground arises for interfering in the finding of fact as it is apparent from the evidence produced by the plaintiff that he suffered ailment on account of stress and strain of the service of the army.
Dismissed.
November 6, 2009 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether the claimant is entitled to disability pension for a disease attributable to military service.
Union of India and others
Sharanjit Singh
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
