IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5000 of 2005 (O&M) Date of Decision: 25.9.2009. Jagir Singh --Petitioner Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. B.S. Sehgal, Advocate for the petitioner. Ms. Geeta Singhwal, C.G.S.C for respondents. *** PERMOD KOHLI.J (ORAL) The petitioner was enrolled in the Indian Army as a soldier. He successfully completed his training and was allocated 185 Light Regiment c/o 56 APO. Petitioner served at various places in both high altitude as well as plain areas. While serving in his unit at Jalandhar, petitioner suffered severe headache and was admitted to Base Hospital, Delhi Cantt and was further referred to All India Institute of Medical Sciences, New Delhi. Petitioner was finally invalided out from military service on 1.9.1986 being placed in medical category 'BEE' with 60% disability. It is not in dispute that the issue involved in the present writ petition is squarely covered by a Division Bench judgement of this Court rendered in LPA No. 547 of 2001 in CWP No. 17043 of 1998 on 11.2.2009, wherein following observations have been made:- “ 14. We are of the view that the judgement of the Hon'ble Supreme Court in Baljit Singh's case and S.Balachandra Nair's case (supra) are distinguishable on facts. In the present case it has been admitted in the written statement there was an episode of Generalised Tonic Clonic Seizure on 11.10.1998 when the petitioner was in service and he was given treatment which continued thereafter. In the opinion of the Medical Board CWP. No. 5000 of 2005 (O&M) -2- Annexure RA, there is no reason given as to how the said illness did not relate to the disability in question. The disability is clearly relatable to the episode which is duly admitted in the written statement. It may have been a different matter if such an episode had not happened. The opinion of the medical board in the present case was thus arbitrary in ignoring the admitted incident. 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 to 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). 16. In view of the above, no fault can be found with the finding recorded by the learned Single Judge that the disability of the petitioner was attributable to the military service and he was entitled to disability pension from the date of his discharge from the military service. 17. The appeal is dismissed.” Accordingly, present petition is disposed of in terms of the aforesaid judgement. Petitioner shall also be entitled to the same relief. However, the payment of arrears shall be restricted from the date of discharge of the petitioner. (PERMOD KOHLI) JUDGE 25.9.2009 lucky