{REPORTABLE}

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS .4357-4358 OF 2015

(arising out of SLP(Civil) Nos.13732-13733/2014)

UNION OF INDIA & ORS ..….APPELLANTS

Vs.

MANJEET SINGH …..RESPONDENT

J U D G M E N T

AMITAVA ROY, J.

Leave granted.

2. The instant appeals witness a challenge to the judgment and order

dated 22nd May, 2012 rendered in LPA(SW) No. 157/2009 and CMA No. 211/2009

affirming the determination made in SWP No. 1439/2004 thereby sustaining

the claim of the respondent herein to disability pension on being boarded

out of the Army service on the ground of disabilities identified as

“Generalised Tonic Clonic Seizure” and “Neurotic Depression”.

3. The Union of India being aggrieved by the concurrent verdicts

requiring it to grant disability pension to the respondent herein from the

date of his discharge from service, seeks redress in the instant appeals.

4. We have heard the learned counsel for the parties and have perused

the records.

5. The foundational facts as offered by the rival pleadings would

provide the back-drop of the lingering debate. The respondent had joined

the Army service under the Union of India on 06.4.1999 being awarded

medical category of “AYE” and according to him after undergoing rigorous

medical examinations as prescribed. He, thereafter, underwent initial

military training at JAK Rifles Centre, Jabalpur whereafter he was posted

at No. 5 JAK Rifles at Amritsar on 5.3.2000. One day he fell unconscious in

the course of cross country practice in the unit premises and had to be

shifted to Military Hospital, Amritsar where he was treated for his

ailment. The Medical Board that was set up for his examination lowered his

category from “AYE” to “CEE” temporary w.e.f. April, 2000. The respondent

has pleaded that subsequent to his discharge from the hospital he was

detained for duties at Kargil. He availed leave as was granted thereafter,

to join later at his transit Camp at Chandigarh. As admitted by him, while

on duty, he again fell to the same illness and had to be hospitalized. The

Review Medical Board, after examining him, placed him in category “BEE”

permanent for the first disability and category “CEE” temporary for the

second disability as mentioned therein. On his discharge from the

hospital, the respondent was sent to JAK Rifles, Jabalpur. Though he

applied for sheltered appointment, the same was not entertained. It was

soon thereafter that he was invalided from service on being adjudged

unsuitable, by the invaliding Medical Board which assessed his disability

percentage as 20% qua the first disability; and 20% for the second

disability; summing upto 40% for both the diseases. The Board thus

recommended that he be invalided out of Army service which, in fact, was

given effect to on 01.1.2002. He unsuccessfully appealed against this

decision before the higher authorities. His claim for disability pension

was also rejected on the ground that the disabilities detected in him were

neither attributable to the Army service nor could get aggravated

therefrom. Contending that the decision to board him out of service and

the denial of disability pension otherwise payable to him under the

relevant rules, was illegal and arbitrary, the respondent invoked the writ

jurisdiction of the High Court of Jammu and Kashmir at Jammu for its

remedial intervention.

6. The appellants in their reply apart from the preliminary objection to

the maintainability of the assailment, in essence pleaded that having

regard to the respondent’s short service profile which demonstrated that

for a major part thereof he had remained hospitalized during the training

and thereafter, the diseases diagnosed could neither to be attributable

to the Army service nor comprehended to be aggravated thereby. While

admitting that the respondent had joined the Army service on 06.04.1999 and

that on the completion of the basic military training he was posted at 5,

JAK Riffles on 04.03.2000, the Union of India set out in details, the

particulars of the periods during which the respondent had remained

hospitalized for treatment. According to it, the official record did

reveal that he remained under medical treatment being hospitalized for the

periods as hereunder:

|No. |Hospitalization | | |

|a. |24.03.2000 to |Military Hospital, |Generalised Tonic-Clonic |

|b. |30.03.2000 to |Command Hospital |Generalised Tonic-Clonic |

|c. |12.12.2001 to |Military Hospital, |Neurotic Depression |

|d. |20.3.2001 to |Military Hospital, |Generalised Tonic-Clonic |

| | | | |

|e. |30.7.2001 to |Military Hospital, |Generalised Tonic-Clonic |

| | | | |

| | | |300 |

That based on such state of health of the respondent, he was placed in low

medical category “CEE” (temporary) w.e.f. 11.4.2000 to 10.10.2000 and

thereafter in the low medical category “BEE” (permanent) w.e.f. 11.10.2000,

was mentioned as well. It was stated further that the respondent was

eventually lowered to the medical category S-3(T-24) “CEE” (temporary)

w.e.f. 3.02.2001.

7. The Union authorities reiterated that this down grading of the

medical category was in view of the diagnosed disease i.e. Generalised

Tonic Clonic Seizure-345 and Neurotic Depression (ICD)300. It was admitted

that though the respondent was willing to continue in sheltered

appointment, the same being not available qua his medical category, he was

discharged from Army service on medical grounds under the relevant

provisions of the Army Rules 1954 w.e.f. 31.12.2001 and was finally struck

off from the strength of the Army service w.e.f.1.1.2002.

8. Prior thereto, the Release Medical Board held on 30.8.2001 at

Military Hospital, Jabalpur assessed the disability Generalised Tonic

Clonic Seizure-345 at 20% for 2 years, disability Neurotic Depression

(ICD)300 at 11-14% for 2 years and the composite assessment of disability

at 20%. The Union of India in its reply did categorically state that the

Medical Board was of the opinion that the disabilities of the respondent

were neither attributable to nor aggravated by the Army service and were

instead constitutional in nature. According to it, though monetary

benefits as allowable under the relevant rules were released to the

respondent, his claim for disability pension was rejected being

impermissible.

9. That the departmental appeals filed by the respondent had been

rightly rejected as his constitutional disorder was neither attributable to

nor aggravated by Army service, disentitling him thereto as per para 173 of

the Pension Regulations for the Army, 1961 (part-1) (for short hereinafter

also referred to as “Regulations”) was emphatically underlined. It was

clarified as well that at the time of entry in service, it was not possible

to conduct complete medical examination in order to detect dormant

diseases and that the tests undertaken were factually clinical in nature to

ascertain physical fitness. Thus according to the Union, any disease of

genetic or hereditary origin was likely to go undetected at the time of

recruitment.

10. The learned Single Judge on an appraisal of the contemporaneous

facts and the documents available on record alongwith Regulation 173 of the

Regulations and paragraphs 2, 3, 4 and 7(b) of Appendix 11 thereto returned

a finding that the invaliding Medical Board having failed to record reasons

that the disease could not be detected on medical examination at the time

of entry in service and that the same could not have aggravated during the

course of his employment, its bare conclusion that those were

constitutional in nature, was not in compliance of the Regulations. The

learned Single Judge held that as the disability of the respondent was

assessed at 20%, he was entitled to disability pension and as a

consequence, quashed the orders to the contrary and directed the Union of

India and its authorities to grant disability pension to him from the date

he was discharged from service. Time limit of four months was also

outlined for the completion of the exercise, failing which it was ordered

that the respondent would be entitled to interest @ 7.5% p.a.

11. The Intra-Court appeal did also meet the same fate, the Division

Bench having wholly endorsed the determination made by the learned Single

Judge. It did further base its eventual decision on the judgment of that

Court in LPA (SW) 212/2006, Union of India and Others vs. Ravinder Kumar.

12. Mr. Patwalia, learned Addl. Solicitor General appearing on behalf of

Union of India has insistently argued that the conclusions recorded by the

High Court at both the levels are patently erroneous being dehors the

recorded facts and the supporting documents, besides being incompatible

with the relevant rules and regulations governing the issue of disability

pension payable to a member of the Army service on being boarded out

therefrom on the ground of disability. Apart from contending that the

decision in Union of India & Others vs Ravinder Kumar (Supra), on which the

Division Bench of the High Court had placed reliance had been overturned,

the learned Addl. Solicitor General maintained that as the respondent

during his short tenure was mostly lodged in the hospital for his treatment

for the disease for which he was invalided from service, it is patent that

the same could not either be attributable to Army service or construed to

have been aggravated thereby.

13. Mr. Patwalia has urged that the essential pre-requisites for grant of

disability pension i.e. attributability of the respondent’s disease to the

Army service or aggravation thereof being non-existent in the case in hand,

he was not entitled thereto and therefore, the finding to the contrary is

repugnant to the relevant rules and regulations. Drawing the attention of

this Court, inter alia, to paragraph 7(b) of Appendix II to the

Regulations, the learned Addl. Solicitor General has maintained that the

Medical Board having unequivocally opined that the respondent’s diseases

“Gerenalised Tonic Clonic Seizure and Neurotic Depression” were

constitutional in nature and thus he was disentitled to disability pension,

the impugned decision is clearly not sustainable in law and on facts.

Without prejudice to this plea, Mr. Patwalia has urged that in case this

finding of the Medical Board does not find favour with this Court for want

of adequate reasons. It is a fit case for remand to it (Medical Board) for

an appropriate speaking opinion. To buttress his contentions, he placed

reliance on the following decisions of this Court:

(1) Secretary, Ministry of Defence & Others vs. A.V. Damodaran(Dead)

through LRs. & Others -reported in (2009)9 SCC 140

(2) Union of India & Others vs. Jujhar Singh -reported in (2011)7 SCC 735

(3) Dharamvir Singh vs. Union of India & Others -reported in (2013) 7 SCC

316

(4) Veer Pal Singh vs. Secretary, Ministry of Defence -reported in (2013) 8

SCC 83 and

(5) Civil Appeal No. 1837/2009 (d/o/d 23.5.2012). Union of India & Anr.

Vs Ravinder Kumar

14. Per Contra, Mr. Chib has assiduously asserted that as the concurrent

determinations made successively by the High Court are based on a

threadbare scrutiny of the relevant facts and the provisions of the law

involved, no interference therewith is warranted. Emphatically contending

that the diseases diagnosed on the eve of the respondent’s discharge from

Army service had been acquired by him in the course of his tenure, short

though, and was thus clearly attributable thereto, the denial of disability

pension to him was clearly illegal, high handed, arbitrary and

discriminatory. According to Mr. Chib on a combined consideration of the

relevant provisions of the Regulations and the Appendix II, containing

“Entitlement Rules for Casualty Pensioners Awards 1982” (hereinafter

referred to as the “Rules”) and the “Guide to Medical Officers (Military

Pension), 2002”, (hereinafter referred to as the “General Principles”), it

being irrefutable that the respondent was entitled to disability pension

thereunder, the High Court was perfectly justified in affirming the same.

Pleading in particular that the Medical Board had failed to record any

reason whatsoever in support of its conclusion that either the disease

detected or the disability consequent thereupon was neither attributable to

Army service nor aggravated thereby, he urged that the respondent could not

have been denied disability pension on the vague remark that the said

diseases were constitutional in nature. According to Mr. Chib, the Medical

Board having failed, without any justification to record the reasons in

support of its conclusion that the diseases were constitutional in nature,

the very basis of denial of disability pension to the respondent had been

rendered non est. According to learned counsel, the relevant rules and

regulations are to be essentially construed and interpreted liberally and

in the realistic perspectives and not pedantically to facilitate

effectuation of the purpose thereof. Mr. Chib has drawn sustenance for his

pleas from the decision of this Court in Civil Appeal No: 2904 of 2011

Union of India & Anr. Vs. Rajbir Singh & Ors. disposed of on 13.2.2015.

15. The pleaded assertions and the arguments based thereon have received

our due consideration. It is undisputed that soon after the respondent

had joined the service on 6.4.1999 having been adjudged to be fully fit

therefor, following a rigorous medical test, he fell ill and had to be

hospitalized where he was diagnosed in due course, to be afflicted by (1)

“Generalised Tonic Clonic Seizure” and (2) “Neurotic Depression”. It is a

matter of record that the respondent had to be hospitalized on more than

one occasion during his short tenure ranging from 8.4.1999 to 1.1.2002 when

he was invalided from service. Intermittently, as the chart of his medical

treatment as set out in the reply of the appellants reveals, he had

actively served in all, for a period of about one year. That he was thus

mostly under treatment for the above two disabilities during his stint with

the appellants, is undeniable. Be that as it may, the sustainability of the

denial of disability pension to him has to be essentially tested on the

touch-stone of the compliance of the relevant Rules and Regulations. Apt,

it would thus be to advert to the relevant provisions thereof at the

threshold. Undoubtedly the guiding course in this regard have been

outlined in Regulation 173, Rule 5, 9 and 14 in particular of the Rules as

well as paras 7,8 and 9 of the “General Principles”. Expedient it would be

thus to set out these provisions for ready reference.

Regulation 173 which deals with primary conditions for the grant of pension

reads as under:

"173. Primary conditions for the grant of disability pension;

Unless otherwise specifically provided a disability pension may be granted

to an individual who is invalided from service on account of a disability

which is attributable to or aggravated by Army service and is assessed at

20 per cent or over. The question whether a disability is attributable to

or aggravated by Army service shall be determined under the rule in

Appendix II."

Rule 5, 9 and 14 of the Entitlement Rules for Casualty Pensionary Awards,

1982 reads as under:

"5. The approach to the question of entitlement to casualty pensionary

awards and evaluation of disabilities shall be based on the following

presumptions:

Prior to and during service

(a) A member is presumed to have been in sound physical and mental

condition upon entering service except as to physical disabilities noted or

recorded at the time of entrance.

(b) In the event of his subsequently being discharged from service

on medical grounds any determination in his health, which has taken place

is due to service."

"9. Onus of proof: - The claimant shall not be called upon to prove

the conditions of entitlements. He/She will receive the benefit of any

reasonable doubt. This benefit will be given more liberally to the

claimants in field/afloat service cases."

"14. Diseases.- In respect of diseases, the following rule will be

observed -

(a) Cases in which it is established that conditions of Army

service did not determine or contribute to the onset of the disease but

influenced the subsequent courses of the disease will fall for acceptance

on the basis of aggravation.

(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 Army 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.

also be established that the conditions of Army service determined or

contributed to the onset of the disease and that the conditions were due to

the circumstances of duty in Army service."

(emphasis supplied)

Chapter – II of the Guide to Medical Officers (Military Pension), 2002

which sets out the “Entitlement: General Principles”, Paras, 7, 8 and 9 of

the guidelines read as under:

"7. Evidentiary value is attached to the record of a member's condition

at the commencement of service, and such record has, therefore, to be

accepted unless any different conclusion has been reached due to the

inaccuracy of the record in a particular case or otherwise. Accordingly,

if the disease leading to member's invalidation out of service or death

while in service, was not noted in a medical report at the commencement of

service, the inference would be that the disease arose during the period of

member's Army service. It may be that the inaccuracy or incompleteness of

service record on entry in service was due to a non-disclosure of the

essential facts by the member e.g. pre-enrolment history of an injury or

disease like epilepsy, mental disorder, etc. It may also be that owing to

latency or obscurity of the symptoms, a disability escaped detection on

enrolment. Such lack of recognition may affect the medical categorisation

of the member on enrolment and/or cause him to perform duties harmful to

his condition. Again, there may occasionally be direct evidence of the

contraction of a disability, otherwise than by service. In all such cases,

though the disease cannot be considered to have been caused by service, the

question of aggravation by subsequent service conditions will need

examination.

The following are some of the diseases which ordinarily escape detection on

enrolment:

(a) Certain congenital abnormalities which are latent and only discoverable

on full investigation e.g.

Congential defect of Spine, Spina bifida, Sacralistaion,

(b) Certain familial and hereditary diseases e.g. Haemophilia, Congential

Syphilis, Haemoglobinopathy.

Atherosclerosis, Rheumatic Fever.

(d) Diseases which may be undetectable by physical examination on

enrolment, unless adequate history is given at the time by the member e.g.

Gastric and Duodenal Ulcers, Epilepsy, Mental Disorders, HIV Infections.

(e) Relapsing forms of mental disorders which have intervals of normality.

(f) Diseases which have periodic attacks e.g. Bronchial Asthma, Epilepsy,

Csom, etc.

8. The question whether the invalidation or death of a member has

resulted from service conditions, has to be judged in the light of the

record of the member's condition on enrolment as noted in service documents

and of all other available evidence both direct and indirect.

In addition to any documentary evidence relative to the member's condition

to entering the service and during service, the member must be carefully

and closely questioned on the circumstances which led to the advent of his

disease, the duration, the family history, his pre-service history, etc. so

that all evidence in support or against the claim is elucidated.

Presidents of Medical Boards should make this their personal responsibility

and ensure that opinions on attributability, aggravation or otherwise are

supported by cogent reasons; the approving authority should also be

satisfied that this question has been dealt with in such a way as to leave

no reasonable doubt.

9. On the question whether any persisting deterioration has occurred, it

is to be remembered that invalidation from service does not necessarily

imply that the member's health has deteriorated during service. The

disability may have been discovered soon after joining and the member

discharged in his own interest in order to prevent deterioration. In such

cases, there may even have been a temporary worsening during service, but

if the treatment given before discharge was on grounds of expediency to

prevent a recurrence, no lasting damage was inflicted by service and there

would be no ground for admitting entitlement,. Again a member may have

been invalided from service because he is found so weak mentally that it is

impossible to make him an efficient soldier. This would not mean that his

condition has worsened during service, but only that it is worse than was

realised on enrolment in the army. To sum up, in each case the question

whether any persisting deterioration on the available evidence which will

vary according to the type of the disability, the consensus of medical

opinion relating to the particular condition and the clinical history."

The Regulation, Rules and General Principles concededly are statutory

in nature and thus uncompromisingly binding on the parties.

16. A conjoint reading of these provisions, unassailably brings to the

fore, a statutory presumption that a member of the service governed thereby

is presumed to have been in sound medical condition at the entry, except

as to the physical disability as recorded at that point of time and that

if he is subsequently discharged from service on the ground of disability,

any deterioration in his health has to be construed to be attachable to

his service. Not only the member in such an eventuality, could not be

called upon to prove the conditions of his entitlements, he would instead

be entitled to the any reasonable doubt with regard thereto. Regulation 173

in clear terms not only mandates that disability pension may be granted to

an individual invalided from service on account of disability which is

attributable to and aggravated by Army service and is assessed as 20%, it

specifically provides as well that the question as to whether such

disability is attributable to or aggravated by Army service is to be

determined by the Rules. Rule 14(b) in specific terms enjoins that 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 his acceptance for Army service. The exception to this deduction is,

only in the event of a medical opinion, supported by reasons to the effect

that the disease could not have been detected on medical examination prior

to acceptance for service whereupon it would be deemed that the disease had

not arisen during service. The underlying ordainment of these salutary

provisions is patently supportive of the inference that the

disease/disability for which a member of a Army service is boarded out had

been contracted by him during his tenure unless the same is displaced by

cogent, coherent and persuasive reasons to be recorded by the Medical

Board as contemplated. Absence of such a presumption in favour of

attributability to the Army service or aggravation thereby, displaceable

though, cannot be readily assumed unless endorsed by contemporaneous

records and overwhelming reasons recorded by the invaliding Medical Board

to the contrary. The acknowledged primacy extended to the opinion of the

Medical Board, and its views and recommendations thus assuredly would have

to be subject to the hallowed objectives of the relevant provisions of the

Rules, Regulations and the General Principles laden with the affirmative

presumption in favour of the member of the service. Not only the manifest

statutory intendment and the avowed purpose of these provisions cannot be

disregarded, a realistic approach in deciphering the same has to be

adopted. The incident of invaliding a member of the Army service entails

curtailment of the normal tenure for his recorded disability to the extent

of 20% or more and thus in our own comprehension, the disentitling

requisites would have to be stringently construed. The decisive

determinant as per the relevant provisions of the Regulations, Rules and

the General Principles, is the attributability of the disability involved

or aggravation thereof to Army service. It cannot be gainsaid, however,

that there ought to be at least a casual and perceptible nexus between the

two, but denial of disability pension would be approvable, only if the

disability by no means can be related to the Army service. The burden to

disprove the correlation of the disability with the Army service has been

cast on the authorities by the Regulation, Rules and the General Principles

and thus, any inchoate, casual, perfunctory or vague approach of the

authorities would tantamount to non-conformance of the letter and spirit

thereof, consequently invalidating the decision of denial. Though the

causative factors for the disability have to be the rigor of the military

conditions, no insensitive and unpragmatic analysis of the relevant facts

is envisaged so as to render any of the imperatives in the Regulations,

Rules and General Principles otiose or nugatory. To the contrary, a

realistic, logical, rational and purposive scrutiny of the service and

medical profile of the member concerned is peremptory to sub-serve the true

purport and purpose of these provisions. To reiterate, invaliding a member

from the service presupposes truncation of his normal service tenure thus

adjudging him to be unsuitable therefor. The disability as well has to

exceed a particular percentage. The bearing of the Army service as an

aggravating factor qua even a dormant and elusive constitutional or genetic

disability in all fact situations thus cannot be readily ruled out. Hence

the predominant significance of the requirement of the reasons to be

recorded by the Medical Board and the recommendations based thereon for

boarding out a member from service. As a corollary, in absence of reasons

to reinforce the opinion that the disability is not attributable to the

Army service or is not aggravated thereby, denial of the benefit of

disability pension would be illegal and indefensible.

17. The medical opinion in the instant case, as the precursor of the

invalidment of the respondent therefore needs to be assayed in this

presiding statutory backdrop.

18. The opinion of the attending doctor on 09.08.2001 prior to the

assessment made by the Medical Board discloses that his was an old case of

Neurotic Depression which came to be noticed first in December, 2000 when

he complained of tension, weakness and inability to do work. It recorded

further that his psychiatric evaluation revealed depression, somatic

preoccupation and depressive cognition. Though it noted that he was keen to

serve further, his release was due to low medical category. It was

mentioned as well that there was no clear features of psychosis and

sensorium as he ate and slept well. He was recommended to be fit to be

released from service. A few excerpts of the proceedings of the Medical

Board would be of some advantage and are extracted hereinbelow.

“PART I

PERSONAL STATEMENT

………

2. Give particulars of any diseases, wounds or injuries from which you

are suffering

|TONIC CLONIC | | | |27.03.2000 |

3. Did you suffer from any disability mentioned in question 2 or

anything like it before joining the Armed Forces? If so give details and

dates. -No”

Part III which deals with opinion of the Medical Board reads as

under:

“ PART III

OPINOIN OF THE MEDICAL BOARD

1. Did the disability/ies exist before entering serviced? – No.

2. (a) In respect of each disability the Medical Board on the evidence

before it will express its views as to whether:-

(i) it is attributable to service during peace or under filed service

conditions; or

(ii) It has been aggravated thereby and remains so: or

(iii) It is not connected with service.

The board should state fully the reasons in regard to each disability on

which its opinion is based.

|Disability |A |B |C |

|GENERALISED TONIC CLONIC |NO |NO |YES |

|NEUROTIC DEPRESSION - 300 |NO |NO |YES |

(b) In respect of each disability shown as attributable under 'A', the

Board should state fully, the specific condition and period in service

which caused the disability 182 = NA

should state fully:-

(i) The specific condition and period in service which aggravated the

disability.

182 = NA

(ii) Whether the effects of such aggravation still

persist.

182 = NA

(iii) If the answer to (ii) is in the affirmative, whether effect of

aggravation will persist for a material period.

182 = NA

(d) In the case of a disability under C, the Board should state what

exactly in their opinion is the caused thereof.

182 = Both disabilities are constitutional in nature hence unconnected with

Army service.”

19. Eventually, the Board on the basis of the disabilities (1)

“Generalised Tonic Clonic Seizure-345” and (2) “Neurotic Depression-300”

did compute the composite disability of the respondent to be 20%.

20. Significantly, as would be evident from the above quoted extracts,

the respondent had on being queried during his examination, denied to have

been suffering from any of the disabilities at the time of joining the Army

service.

21. Though as per Clause 2(a) of Part III, the Medical Board was

required to express its views on the aspects as to whether the

disabilities;

were attributable to service during peace or under

field service conditions;

were aggravated thereby and remained to be so;

were not connected with service;

and was required to state reasons with regard to each of the disabilities

of which its opinion was based, it merely recorded in the negative vis-a-

vis the first two and in the affirmative qua the third and abruptly

concluded that both the disabilities were constitutional in nature and

hence unconnected with Army service. No reason whatsoever was cited by the

Medical Board in support of this conclusion. On the contrary, its

deduction that the disabilities were unrelated to the Army service was

founded only on the fact that those were constitutional in nature and no

other consideration or reason whatsoever. That the opinion of the Medical

Board lacks in reasons, has been conceded too by the learned counsel for

the appellants.

22. Be that as it may, adverting inter alia to Rule 14(b) of the Rules,

we are of the unhesitant opinion that reasons, that the diseases could not

be detected on medical examination prior to acceptance in service, ought to

have been obligatorily recorded by the Medical Board sans whereof, the

respondent would be entitled to the benefit of the statutory inference that

the same had been contracted during service or have been aggravated

thereby. There is no reason forthcoming in the proceedings of the Medical

Board, as to why his disabilities eventually adjudged to be constitutional

or genetic in nature had escaped the notice of the authorities concerned at

the time of his acceptance for Army service. On a comprehensive

consideration of the Regulation, Rules and the General Principles as

applicable, the service profile of the respondent and the proceedings of

the Medical Board, we are constrained to hold that he had been wrongly

denied the benefit of disability pension. His tenure albeit short, during

which he had to be frequently hospitalized does not irrefutably rule out

the possibility, in absence of any reason recorded by the Medical Board

that the disability even assumed to be constitutional or genetic, had not

been induced or aggravated by the arduous military conditions. The

requirement of recording reasons is not contingent on the duration of the

Army service of the member thereof and is instead of peremptory nature,

failing which the decision to board him out would be vitiated by an

inexcusable infraction of the relevant statutory provisions. Having regard

to the letter and spirit of the Regulation, Rules and the General

Principles, the prevailing presumption in favour of a member of the Army

service boarded out on account of disability and the onus cast on the

authorities to displace the same, we are of the unhesitant opinion that the

denial of disability pension to the respondent in the facts and

circumstances of the case, have been repugnant to the relevant statutory

provisions and thus cannot be sustained in law. The determination made by

the High Court of Jammu and Kashmir at Jammu is thus upheld on its own

merit.

23. The authorities cited at the Bar though underline the primacy of the

opinion of the Medical Board on the issue, however, do not relieve it of

its statutory obligation to record reasons as required. Necessarily, the

decisions turn on their own facts. With the provisions involved being

common in view of the uniformity in the exposition thereof, a dilation of

the adjudications is considered inessential.

24. Though noticeably, the decision rendered in LPA(SW) 212/2006; Union

of India and Others vs. Ravinder Kumar, as referred to in the impugned

judgment, was reversed by this Court in Civil Appeal No.1837/2009, we are

of the respectful view that the same cannot be construed to be a ruling

relating to the essentiality of recording of reasons by the Medical Board

as mandated by the Regulations, Rules and the Guiding Principles. This

decision thus is of no determinative relevance vis-a-vis the issues

involved in the present appeal.

25. The last in the line of the rulings qua the dissensus has been

pronounced in a batch of Civil Appeals led by Civil Appeal No. 2904 of

2011; Union of India & Others vs. Rajbir Singh in which this Court on an

exhaustive and insightful exposition of the aforementioned statutory

provisions had observed with reference as well to the enunciations in

Dharamvir Singh vs. Union of India 2013(7) SCC 316, that the provision for

payment of disability pension is a beneficial one and ought to be

interpreted liberally so as to benefit those who have been boarded out from

service, even if they have not completed their tenure. It was observed that

there may indeed be cases where the disease is wholly unrelated to Army

service but to deny disability pension, it must affirmatively be proved

that the same had nothing to do with such service. It was underlined that

the burden to establish disability would lie heavily upon the employer, for

otherwise the Rules raise a presumption that the deterioration in the

health of the member of the service was on account of Army service or had

been aggravated by it. True to the import of the provisions, it was held

that a soldier cannot be asked to prove that the disease was contracted by

him on account of Army service or had been aggravated by the same and the

presumption continues in his favour till it is proved by the employer that

the disease is neither attributable to nor aggravated by Army service.

That to discharge this burden, a statement of reasons supporting the view

of the employer is the essence of the rules which would continue to be the

guiding canon in dealing with cases of disability pension was emphatically

stated. As we respectfully, subscribe to the views proclaimed on the issues

involved in Dharamvir Singh (supra) and Rajbir Singh(supra) as alluded

hereinabove, for the sake of brevity, we refrain from referring to the

details. Suffice it to state that these decisions do authoritatively

address the issues seeking adjudication in the present appeals and endorse

the view taken by us.

26. In the wake of the above, we hereby sustain the impugned judgment and

order. The appeals are dismissed. No costs.

……………………..J.

(M.Y. Eqbal)

……………………..J.

(Amitava Roy)

New Delhi

Dated: May12, 2015