CONTROLLER OF DEFENCE ACCOUNTS (PENSION) AND ORS. versus S. BALACHANDRAN NAIR

Citation: [2005] SUPP. 4 S.C.R. 431 · Decided: 21-10-2005 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

CONTROLLER OF DEFENCE ACCOUNTS (PENSION) AND ORS. 
A 
v. 
S. BALACHANDRAN NAIR 
OCTOBER 21, 2005 
[ARIJIT PASA Y AT AND DR. AR. LAKSHMANAN, JJ.] 
B 
Service Law: 
Army Pension Regulations-Rule 173-Army personnel-Invalidation 
of. on account of illness-Disability Pension-Entitlement to-Held: C 
Personnel concerned is not entitled to disability pension as illness suffered 
by him was not attributable to the military service. 
Respondent was selected in Army. He successfully underwent medical 
examination and thereafter was posted at various places. He developed certain 
medical problems and after prolonged treatment, was found unfit for D 
continuing in service. The Medical Board opined that the illness suffered by 
respondent was not attributable to military service. Thereafter, he was 
discharged from service. He filed claim for disability pension which was 
rejected. He successfully moved the High Court. Hence the present appeal. 
Allowing the appeal, the Court 
HELD: Under Rule 173 of Pensioa Regulations for the Army, disability 
pension would be computed only when disability has occurred due to wound, 
injury or disease which is attributable to military service or existed before 
E 
or arose during military sen>ice and has been and remains aggravated during F 
the military service. If these coaditions are satisfied, necessarily the 
incumbent is entitled to the disability pension. The Medical Board's opinion 
was clearly to the effect that the illness suffered by the respondent was not 
attributable .. to the military service. The respondent is not entitled to disability 
pension. (437-E; 438-CJ 
Union of India and Anr. v. Baljit Singh, (199611 SCC 315 and Union of G 
India and Ors. v. Dhir Singh China, Colonel (Retd) (20031 2 SCC 382, relied 
on. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1646 of I999. 
431 
H 
432 
SUPREME COURT REPORTS [2005] SUPP. 4 S.C.R. 
A 
From the Judgment and Order dated 24.9.97 of the Kerala High Court 
in W.A. No. 838of1997. 
Md. T.M. Youseff, Rudreshwar Singh and Mrs. Anil Katiyar for the 
Appellants. 
B 
A. Raghunath for the Respondent. 
The Judgment of the Court was delivered by 
ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment rendered 
by a Division Bench of the Kerala High Court holding that the respondent 
C was entitled to disability pension. 
Factual background is essentially as follows: 
R;spondent joined the Indian Army on 7.2.1972 in the Signal Corps. He 
was selected to the regular Army through the selection process prescribed 
D by the Army authorities and had undergone a thorough medical examination. 
Thereafter, he had undergone miEtary training at 3 M. T.R. Goa for a period 
of two years. After completion of training he was posted in the Signal 
Company at Jabalpur for a period of three years. Thereafter, he was posted 
to the border area in Punjab. However, he was not involved in actual combat 
E operations or in combat area. He was working in the office of Radio machine. 
He developed certain medical problems and was admitted in the Command 
Hospital at Chandigarh o:i 10.8.1977. He was not completely cured and had 
some kidney complications and the medical authorities found his illness as 
'anxiety neurosis'. He was again admitted in the Chandigarh Military Hospital 
in December 1979 and after prolonged treatment ~as boarded out and the 
F medical authorities were of the opinion that he became unfit for continuing 
in service and was put under the category of 'EEE' meaning 'unfit and 
useless' with effect from 18.3.1980 and was finally discharged from service. 
Respondent made an application for disability pension. Same was rejected 
by the authorities on the ground that the disability of the respondent was not 
G attributable to military service. It was also stated that there was no proof that 
the disability had existed before or developed during military service and/or 
had aggravated thereby and military disability pension was accordingly denied. 
As his various representations did not bring any positive result he filed writ 
petition before the Kerala High Court. A learned Single Judge held that the 
H respondent had been working in sensitive and turbulent areas and this must 
CONTROLLER OF DEFENCE ACCOUNTS (PENSION)'· S. BALACHANDRAN NAIR [PASA Y AT. J.) 
4 J J 
have aggravated his disease and the stress and stains of military service were A 
the sole cause of his illness and it was clearly attributable to the stress and 
strain of military s

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