AIR 2013 SUPREME COURT 2840 ::2013 AIR SCW 4236 ::2013 LAB. I. C. 3218 ::2013 (7) SCC 316 ::2013 (8) Scale 58 ::(2013) 5 All WC 5308 ::2013 (3) Ker LT 35 CN ::(2013) 3 Ker LT 35 ::2013 (3) Lab LN 57 ::(2013) 3 SCT 778 ::(2013) 7 ServLR 376

Supreme Court Of India

(From : Himachal Pradesh)

Hon'ble Judge(s): A. K. Patnaik, S. J. Mukhopadhaya , JJ

Army Act (46 of 1950) , S.192— Pension Regulations for Army (1961) , Regn.173— Entitlement Rules for Casualty Pensionary Awards (1982) , R.5, R.9, R.14— General Rules of Guide to Medical Officers (Military Pensions) (2002) , R.423— Disability pension - Appellant, Sepoy in Army - Boarded out of service on ground of suffering from 'Generalised Seizure (Epilepsy') - No note of any disease recorded at time of appellant's acceptance for military service - It could be presumed that appellant was in sound physical and mental condition at time of entering service - Disease deemed to be attributable to or aggravated by Army service - Appellant entitled for disability pension. L.P.A. No. 26 of 2004, D/- 31-7-2009(HP), Reversed. A conjoint reading of various provisions, makes it clear that: (i) Disability pension to be granted to an individual who is invalidated from service on account of a disability which is attributable to or aggravated by military service in non-battle casualty and is assessed at 20% or over. The question whether a disability is attributable or aggravated by military service to be determined under 'Entitlement Rules for Casualty Pensionary Awards, 1982' of Appendix-II (Regulation 173). (ii) A member is to be presumed in sound physical and mental condition upon entering service if there is no note or re....