High Court Punjab-Haryana High Court

Union Of India And Others vs Chattar Singh on 14 October, 2009

Punjab-Haryana High Court
Union Of India And Others vs Chattar Singh on 14 October, 2009
RSA No.4896 of 2002                                                  1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH.



                                       RSA No.4896 of 2002 (O&M)
                                       Date of Decision: 14.10.2009

Union of India and others                               .....Appellants

                                Vs.

Chattar Singh                                           ....Respondent

                                ....
CORAM :      HON'BLE MR.JUSTICE RAJIVE BHALLA

                                ****

Present : Ms. Geeta Singhwal, Advocate for the appellants.

Mr. Bhim Sen Sehgal,Advocate for the respondent.

….

RAJIVE BHALLA, J (Oral)

CM No.10602-C of 2009

Prayer in this application, filed by the respondent, is to decide

the appeal in terms of a judgement in LPA No.174 of 2008 Bakshish Singh

Vs. Union of India and others, decided on 3.7.2009.

Counsel for the appellants states that she has no objection, if

the appeal is taken up for hearing.

The application is allowed and the appeal is taken up for

hearing.

RSA No.4896 of 2002

The Union of India challenges the judgement and decree dated

8.8.2002, passed by the Additional District Judge, Gurdaspur, accepting the
RSA No.4896 of 2002 2

appeal filed by the respondent, setting aside the judgement and decree

passed by the Civil Judge (Junior Division), Gurdaspur and as a

consequence, decreeing the suit filed by the respondent.

The plaintiff-respondent filed a suit for declaration that he is

entitled to disability pension from the date of his discharge from military

service i.e. 22.10.1966. In response, the Union of India, asserted that as per

the opinion of the discharge medical board, the disability i.e.

“HYSTERICAL REACTION to the extent of 30%” is a constitutional

disorder and is not attributable to military service.

After considering the pleadings, the evidence adduced and the

arguments addressed, the trial court dismissed the suit by holding that as the

medical board has recorded an opinion that the disease is a constitutional

disorder, not attributable to military service, the respondent cannot be

granted any relief.

Aggrieved by the aforementioned judgement and decree, the

respondent filed an appeal. Vide judgement and decree dated 8.8.2002, the

learned Additional District Judge, Gurdaspur, accepted the appeal, set aside

the judgement and decree passed by the trial court and decreed the suit. The

first appellate court held that as the appellants have failed to prove that the

respondent was suffering from this disease on the date of his enrolement in

the army, he is entitled to disability pension.

Counsel for the appellants submits that the opinion of a

discharge medical board is final and, therefore, the first appellate court

could not have accepted the appeal. Counsel for the respondent, however,

submits that”HYSTERICAL REACTION” is not a constitutional disease

and may develop during military service. It is further argued that a Division
RSA No.4896 of 2002 3

Bench of this Court has held in LPA No. 174 of 2008 Bakshish Singh Vs.

Union of India and others, that if the opinion of a discharge medical board

is not supported by reasons or documentary proof, it cannot be treated as

conclusive. Counsel for the appellants does not deny the above judgement

but states that as “HYSTERICAL REACTION” is a constitutional disease,

the respondent is not entitled to any relief.

I have heard counsel for the parties, perused the impugned

judgement and decree. The substantial question of law that arises for

adjudication is “-

“Whether the respondent/plaintiff is entitled to the

disability pension under Regulation 173 of Army

Regulation 1961 where the expert opinion in the form of

medical board proceedings held that the disability is into

attributable to service and has not been aggravated and is

not connected with service and thus is constitutional in

nature ?

The above question has been answered by a Division Bench of

this Court in LPA No.174 of 2008 Bakshish Singh V. Union of India and

others by holding as follows :-

“Though medical opinion relied upon on behalf of the

respondent is to the effect that the disease was not

attributable to Army service and the medical opinion has

to be given due weight, as held by the Hon’ble Supreme

Court in Union of India and others V. Keshar Singh

(supra) there has to be some discernible basis of

medical opinion. Mere mention of words `not attributable
RSA No.4896 of 2002 4

to Army service’ without giving any reasons,cannot be

accepted as conclusive. This aspect has been considered

in the judgement of this court dated 1.7.2009 in Union of

India & another V. No.727213 Ex.-Airman B.S. Rana.

Therein, after referring to various judgements of the

Hon’ble Supreme Court, it was held as under :-

8. In a recent judgement in Union of India and others

V. Ex.Sepoy Ranjit Singh, PA No.547 of 2001, decided

on 11.2.2009, the matter was considered by this Court

and it was held that if the circumstances give rise to an

inference that disease was attributable to the Air Force

Service, negative opinion of the Medical Board given

without any basis could not be teated as conclusive. After

referring to judgements in Union of India and another V.

Baljit Singh, 1996(2) SCC 316, Controller of Defence

Accounts (Pension) and others V. S.Balachandran Nair,

AIR 2005 SC 4391, Navin Chandra V. Union of India

and others, 2006(4) SCT 626 (Delhi), Union of India and

others V. Hemant Kumar, 2009(1) RSJ 196 (MP) and

Joginder Singh V. Union of India and others, CWP

No.7323 of 2007, decided by this court on 4.12.2007, it

was observed :-

“14. We are of the view that the judgements of the

Hon’ble Supreme Court in Baljit Singh’s case and

S.Balacnandra Nair’s case (supra) are

distinguishable on facts. In the present case it has
RSA No.4896 of 2002 5

been admitted in the written statement (that) 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 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 no

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
RSA No.4896 of 2002 6

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.”

We, thus,hold that in absence of any reason whatsoever

for the opinion that the disability was not attributable to

Army service, medical opinion cannot be treated as

conclusive. The judgement in Union of India & Ors. V.

Keshar Singh (supra) is distinguishable on facts. We

affirm the finding recorded by the learned Single Judge

that the disease in this case was attributable to Army

service.”

It is, therefore, apparent that in the absence of any reasons or

material to support its conclusion, the opinion recorded by a Medical Board

cannot be held to be conclusive. The question of law framed in the present

appeal is squarely covered by the aforementioned judgement and is

answered accordingly.

It would be necessary to mention that the appellant in the case

before the Division Bench and the respondent in the present case both
RSA No.4896 of 2002 7

suffer from “HYSTERICAL REACTION to the extent of 30%”. The

respondent was admittedly hale and hearty when he entered military service.

During his service, he developed HYSTERICAL REACTION and was

eventually discharged with 30% disability. The respondent was refused a

disability pension on the opinion of the medical board that this disease is

constitutional and not attributable to military service. The medical opinion

is not supported by any reasons or material and is, therefore, not conclusive

of the opinion that the disability is not attributable to military service. The

Division Bench discarded a similar opinion allowed the appeal and granted

disability pension to the appellant therein by holding that the opinion of the

medical board is not binding. Counsel for the appellants does not deny that

the factual and legal situation in the present case is identical.

As the controversy in the present case is squarely covered in

fact and in law by the judgement in LPA No.174 of 2008, the appeal is

dismissed with no order as to costs.

14.10.2009                                           (RAJIVE BHALLA)
GS                                                        JUDGE