1 S.B.CIVIL WRIT PETITION NO.4140/2004 Ghewar Chand Bishnoi v. Union of India & ors. DATE OF ORDER :: 27th April, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.R.Vishnoi, for the petitioner. Mr. Pankaj Bohra for Mr. Ravi Bhansali,for the respondents. .... The petitioner has filed this petition for writ claiming for a direction for the respondents to release disability pension and also to quash the orders contained in communications dated 28.8.1989 and 14.9.1999 denying disability pension to him. The case set up by the petitioner is that he was enrolled with Indian Army on 20.2.1989 and there was no problem with his health upto the year 1989. He was also awarded “Saniya Seva Medal with Clasp”. On 2.3.1989 on medical examination category “EEE” was awarded to him that amounts 100% disability. The petitioner was accordingly invalidated out from service. Relevant to note that disease diagnosed with the petitioner was of “Diabetes Mallitus”. On claiming, the respondents denied disability pension to the petitioner on the count that disability concerned 2 was neither attributable nor aggravated by the services rendered with Indian Army. To claim disability pension the contention of counsel for the petitioner is that the petitioner was medically examined by a competent medical board and that board in quite specific terms observed that “disease has been aggravated due to direct compulsions of service”. The P.C.A.D. Allahabad without assigning any reason quite contrary to the finding given by the medical board held that the disability was not attributed or aggravated due to military service and denied for pension. It is further stated by counsel for the petitioner that at the time of enrollment in service the petitioner was thoroughly examined by a competent medical board and that found him fit to be enrolled, therefore, a presumption is required to be drawn that whatever disease occurred to the petitioner, was either attributed by military service or was aggravated during military service. In reply to the writ petition it is contended by counsel for the respondents that though the medical board observed that the disease was aggravated due to direct compulsions of service but the P.C.A.D. Pension under the relevant regulations is having absolute power to decide as to whether the person concerned suffered that disease due to military service and in the instant matter a conscious decision on basis of 3 the material available was taken that disease of “Diabetes Mallitus” was not attributed or aggravated due to military service. Heard counsel for the parties. It is not in dispute that the petitioner was medically examined by a competent medical board and the medical board while declaring the petitioner 100% disabled observed that “the disease has been aggravated due to direct compulsions of service”. The P.C.A.D. Pension may have power to decide the issue as to whether the person concerned suffered with the disease due to military service but his decision should always be objective and for that it should contain sufficient reasons. In the instant matter a medical board made a specific observation that the disease was due to direct compulsions of service then to differ with that, sufficient reasons should have been given by the P.C.A.D. It is relevant to note here that the medical board is an expert body and its recommendations and observations have their own significance, therefore, recommendation or opinion should not be interfered lightly. I do not find any satisfactory reason available with the respondents to alter the opinion given by the medical board. 4 In view of whatever discussed above, I allow this petition for writ with a direction to the respondents to release the disability pension to the petitioner from the date of his retirement from service. No order to costs. ( GOVIND MATHUR ),J. Kkm/ps.