LexOM PRAKASH SINGH versus UNION OF INDIA & ORS.
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A B c [2010] 8 S.C.R. 490 OM PRAKASH SINGH v. UNION OF INDIA & ORS. (Civil Appeal No. 5655 of 2010) JULY 20, 2010 [DALVEER BHANDARI AND DEEPAK VERMA, JJ.] Pension Regulations for the Army 1961 - Part I - Regulation 173 Disability Pension- Recommendation of Medical Board that the sepoy-appellant was suffering from disease not attributable to nor aggravated by the military service - Sepoy invalided from service - Entitlement to disability pension - 0 Held: Not entitled - Medical Board being an expert body, its opinion is entitled to be given due weight and value - Service law - Military service. The question which arose for consideration in the instant appeal was whether the appellant, who was E invalided out from service on the recommendation of the Medical Board, which assessed the appellant's disability as not attributable to nor aggravated by the military service, was entitled to the disability pension. F Dismissing the appeal, the Court HELD: The Medical Board is an expert body and they take into consideration all relevant factors and essential practice before arriving at any opinion and its opinion is entitled to be given due weight, merit credence and value. G In the instant case, the Medical Board had given unanimous opinion that the disease of the appellant was neither attr:outable to nor aggravated by the military service. The findings of the Medical Board was accepted by the High Court. Thus, no interference is called for. The H appellant is not entitled!.9:D the disability pension. OM PRAKASH SINGH v. UNION OF INDIA & ORS. 491 However, in case some amount has ever been paid to the,, A appellant towards the disability pension, the sa"'e; may not be recovered ftom him. [Paras 20, 21) [503-F~H; 504~ A] Union of India & Others v. Ba/jit Singh (1996) 11 SCC 315; Union of India & Others v. Dhir Singh China, Colonel 8 (Retd.) (2003) 2 SCC 382; Union of India & Others v. Keshar Singh (2007) 12 sec 675; relied on: Ex-Sepoy Gopal Singh Dadwal v. Union of India & Others (2007) 1 SLR 616; Ex-Cfn Sugna Ram Ranoliya v. Union of c India & Others (2006) DLT" 544 (DB), referred to. Case Law· Reference:: (2007) 1 SLR 616 referred. to Para 5 (2006) DLT 544.(DB). referred to Para.5 (1996) 11 sec 315 relied on Para 16 (2003) 2 sec 382. relied on Para 17' (2007) 12 sec 675 relied on Para 18 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5655 of 2010. D E From the Judgment & Order dated 27.03.2009 of the High Court of Delhi at New Delhi in Writ Petition (C) No. 7834 of F 2009. S.M. Dalal (for· Rameshwar Prasad Goyal) for the Appellant. Harin Raval, ASG, Vipul Maheshwari, Anil Katiyar, Anirudh G Sharma for the Respondents. The Judgment of the Court was delivered by DALVEER BHANDARI, J. 1. Leave granted. H 492 SUPREME COURT REPORTS [2010] 8 S.C.R. A 2. This appeal is directed against the judgment and order dated 27.3.2009 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 7834 of 2009. 3. The short question involved in this appeal pertains to B the controversy whether the appellant is entitled to disability pension? 4. Brief facts which are necessary to dispose of the matter are recapitulated as under: c The appellant was enrolled in the Territorial Army on 28.9.1975 as a Sepoy. At the time of joining service the appellant was put through the medical test and was found medically fit. According to the appellant, while serving in the Army, he had contacted the disease known as "Unspecified D Psychosis" on 26.6.1985, which is a psychiatric disorder. The appellant was treated in the Army Hospital at Delhi Cantt. On the recommendations of the Medical Board which assessed the appellant's disability as 40%, he was invalided out from the service. According to the Medical Board the disease of the E appellant was neither attributable to nor aggravated by the military service. 5. The claim of the appellant for grant of disability pension was rejected by the competent authority. The appellant filed a Writ Petition (Civil) No. 838 of 2008 in the High Court of Delhi. F There was a similar matter pending with the High Court and the High Court by a common order dated 30.4.2008 directed the respondents to hold the Appeal Medical Boasrd with further direction that the parameters laid down by the High Court in the cases of Ex-Sepoy Gopal Singh Dadwal v. Union of India G & Others (2007) 1 SLR 616 and Ex-Cfn Sugna R
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