news details |
|
|
| Release disability pension: DB | | | Early Times Reporter
Jammu | Feb 22
The Division Bench of the Jammu and Kashmir High court comprising Justice Virender Singh & Justice Y.P. Nargotra today dismissed appeal of Union of India, against the judgment of Single Judge, thus holding Ravinder Kumar entitled to disability pension.
Posted as Rifleman (Sepoy) in 18 JAK Rifles Ravinder Kumar , enrolled in Indian Army on 14th March, 98 was invalided out of service on being placed in Low Medical Category by Release Medical Board. The plea of Ravinder Kumar for grant of disability pension was rejected on premises that disease was neither attributable to nor aggravated by military service. Appeal before Ministry of Defence also met the fate of rejection. However, Writ Court allowed the petition holding Ravinder Kumar entitled to disability pension.
Dismissing the appeal filed by Union of India the DB observed that “ordinarily if disease led to discharge of individual it shall be deemed to have arisen in service if no note on it was made at the time of individual’s acceptance for military service. An exception is carved out if medical opinion holds that disease could not have been detected by Medical Examination Board prior to acceptance for service, the disease would not be deemed to have arisen during service.” The Division Bench further observed that “the disease on account of which respondent was invalided out, is to be accepted to have been aggravated by stress and strain of military service.
While deciding the important question of law the Division Bench held the respondent entitled to disability pension, thereby, dismissing appeal of Union of India being devoid of any merits.
Mr. V. K. Magoo, Advocate appearing for Union of India argued that appellant was not entitled to disability pension as per opinion of Medical Board. Mr. B. S. Slathia, Advocate appearing for Ravinder Kumar contended that since no disease was detected at the time of induction of respondent into service, as such, he is presumed to be physically fit
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
