DHARAMVIR SINGH versus UNION OF INDIA & ORS.

Citation: [2013] 8 S.C.R. 1119 · Decided: 02-07-2013 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2013] 8 S.C.R. 1119 
DHARAMVIR SINGH 
v. 
UNION OF INDIA & ORS. 
(Civil Appeal No. 4949 of 2013) 
JULY 2, 2013 
[A.K. PATNAIK AND SUDHANSU JYOTI 
MUKHOPADHAYA, JJ.] 
A 
B 
Armed Forces - Disability pension c... Entitlement to -
Presumption of sound physical and mental condition upon 
C 
entering service in absence of disabilities or disease noted 
or recorded at the time of entrance - Appellant, Sepoy in 
Indian Army, boarded out of service on ground of 20% 
permanent disability as he was found to be suffering from 
"Generalised seizure (Epilepsy)" - Medical Board of the Army 
D 
opined that the disability was not related to military service -
Disability pension accordingly not granted to appellant -
Justification - Held: A member of the Armed Forces is 
presumed to have been in sound physical and mental 
condition upon entering service in absence of disabilities or E 
disease noted or recorded at the time of entrance - In the 
event of his subsequently being discharged from service on 
medical grounds, any deterioration in his health is to be 
presumed due to service - In the present case, no note of any 
disease was recorded at the time of appellant's acceptance 
F 
for military service - In absence of any evidence on record 
to show that the appellant was suffering from "Generalised 
seizure (Epilepsy)" at the time of acceptance of his service, it 
will be presumed that the appellant was in sound physical and 
mental condition at the time of entering the service and G 
deterioration in his health took place due to service - Non-
app/ication of mind of Medical Board is apparent from its 
opinion - The Pension Sanctioning Authority failed to notice 
1119 
H 
1120 
SUPREME COURT REPORTS 
(2013] 8 S.C.R. 
A that the Medical Board did not given any reason in support 
of its opinion and mechanically passed the impugned order 
of rejection based on the report of the Medical Board -
Appellant entitled to benefit of presumption in his favour and 
thus entitled to disability pension - Entitlement Rules for 
B Casualty Pensionary Awards, 1982- "· 5, 9 and 14 -Pension 
Regulations for the Army, 1961 - Regulation 173 - Guide to 
Medical (Military Pension), 2002. 
The appellant, a Sepoy in the Corps of Signals of the 
Indian Army, was boarded out of the service on the 
C ground of 20% permanent disability as he was found to 
be suffering from "Generalised seizure (Epilepsy)". The 
Medical Board of Army opined that the disability was not 
related to military service; and on the basis of the 
disability report, disability pension was not granted to the 
D appellant. 
The appellant filed Writ Petition. A Single Judge of the 
High Court allowed the petition observing that there was 
nothing on record to show that the appellant was 
E suffering from any disease at the time of his initial 
recruitment in the Indian Army held that the disease 
would be deemed to be attributable to or aggravated by 
the Army services; and therefore, in terms of Regulation 
173 of Pension Regulations for the Army, 1961, the 
F appellant was eligible for disability pension. The order 
passed by the Single Judge was set aside by the Division 
Bench. 
In the instant appeal, the questions which arose for 
consideration were: (i) Whether a member of Armed 
G Forces can be presumed to have been in sound physical 
and mental condition upon entering service in absence 
of disabilities or disease noted or recorded at the time of 
entrance; and (ii)Whether the appellant is entitled for 
disability pension. 
H 
DHARAMVIR SINGH v. UNION OF !NOIA & ORS. 
1121 
Allowing the appeal, the Court 
A 
HELD: 1.1. A conjoint reading of various provisions 
makes it clear that: (i) Disability pension is to be granted 
to an individual who is invalidated from service on 
account of a disability which is attributable to or 
8 
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 
C 
of Pension Regulations for the Army, 1961). (ii) A member 
is to be presumed in sound physical and mental 
condition upon entering service if there is no note or 
record at the time o.f entrance. In the event of his 
subsequently being discharged from service on medical 
grounds any deterioration in his health is to be presumed 
D 
due to service. [Rule 5 r/w Rule 14(b)].

Excerpt shown. Read the full judgment & AI analysis in Lexace.