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| DB dismisses appeal filed by Union of India. | | Holds respondent entitled to disability pension | | Early Times Reporter
Jammu | Jan 21
Division Bench of J&K High Court Jammu Wing, comprising Justice Virender Singh and Justice YP Nargotra has dismissed the appeal filed by Union of India against the direction and orders passed by the Single Judge on February 17, 2006 and held the respondent Ravinder Kumar entitled to disability pension.
The facts which are not disputed are that respondent was enrolled in the Army on March 14, 1998 and after basic military training was posted as rifle man. On being placed in low medical category for two years and on account of solitary generalized tonic colonic seizure deceased for two years with 20 % disability, was invalided out of service. The opinion of the release medical board in regard to the disability was neither attributable to nor aggravated by military service condition could be genetic familial in original not connected with service and same was assessed 20% for two years. The petitioner filed petition in the High Court, the High Court entitled petitioner to disability pension, and against this order Union of India filed LPA.
The judgment written by Justice YP Nargotra for the Division Bench, after hearing Mr. VK Magoo ASGI appearing for the Union of India and Adv BS Salathia appearing for the respondent in this case, referred various judgments regarding the disability pension and observed that in the present case the disease on account of which the respondent was invalided out through constitutional in nature yet to be deemed to have arisen during service on the basis of presumption falls in category B, being a neurotic disorder is to be excepted to have aggravated, by stress and strain. No material has been placed on record by the Union of India to show that stress and stream could not have been result of conditions of military services, therefore, it has been accepted that the stress and strain which aggravated the deceased was due to the conditions of military service and hold that respondent entitled to disability pension and dismissed LPA. (JNF) |
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