1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B.CIVIL SPECIAL APPEAL (W) No.351/2000 in S.B. CIVIL WRIT PETITION No.5698/90 MOHAMMAD HASAN KHAN V/s U.O.I. & OTHERS DATE OF JUDGMENT ::: APRIL 01, 2008 PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Rajendra Prasad, for the appellant. Shri Sanjay Pareek, for respondents. BY THE COURT : (ORAL) Heard learned counsel for the parties. 2. In this intra court appeal, the appellant has assailed the order dated December 7, 1999 of the learned Single Bench whereby the appellant was not found entitle to disability pension. 3. As per the admitted facts, the appellant remained in field services upto March 1973 and disease Hyper Metaropia Partial Amblyopia Rt Eye was diagnosed somewhere in June 1974 after the appellant was posted in operation with cactus war 2 with neighboring country. 4. A look at Annexure R/2 appended to the reply filed by the respondents before the learned Single Bench, demonstrates that in the opinion of Medical Board, the appellant had not suffered from any disability before entering into service. Opinion of the Medical Board was incorporated in Part III of the document and the extract of which reads as under : “(1) Did the disability/disabilities exist before entering service ? - No 3(a) Was the disability, attributable to the Individual's own negligence or misconduct ? If so, in what way – NA 3(b) If not attributable, was it aggravated by negligence or misconduct ? If so, in what way and to what percentage of total disablement ? - NA” 5. Evidently, the appellant was not suffering from any disease prior to his entering into the military service. 6. At this juncture, we deem it appropriate to refer to clause 7(b) of Pension Regulations for the Army 1961, which reads as under : 3 “7(b) – A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individual's acceptance for military service. However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service the disease will not be deemed to have arisen during service.” 7. Since no note about the disease was made in the medical report by the Medical Board at the time of appellant's acceptance for military service, it is difficult for us to accept the contention raised on behalf of the respondents that the disease suffered by the appellant was not attributable to military service. The learned Single Bench, in our opinion, has not considered the report of the Medical Board in the right perspective. 8. For these reasons, we allow the appeal and set aside the impugned order of the leaned Single Bench. While quashing the orders of the respondents', passed on 4 August 18, 1978 and August 24, 1987, respectively, we direct them to pay disability pension to the appellant with effect from the date of his discharge i.e. 15.3.1978. There shall be no order as to costs. The respondents shall ensure the compliance of this order within 60 days of the receipt of the certified copy of this judgment. (Guman Singh), J. (Shiv Kumar Sharma), J. Chauhan/