Union of India vs Sudershan Kumar (Ex. Nk)

Bansi Lal Bhat, J. - Delay of 755 days in filing Letters Patent Appeal is sought to be condoned on the ground that the copy of judgment dated

25.11.2013 was received through respondent-Sudershan Kumar on 13.09.2014 and the applicants-appellants applied for a certified copy. After

procuring the certified copy, case was prepared and submitted to IHQ of MoD, Army (Inf-9). The legal Wing of 16 Corps approached the

Competent. Authority for sanction to file Letters patent Appeal. Delay in filing the appeal is thus, attributable to the procedural follow up and

necessity of obtaining sanction for filing LPA by the higher authorities.

We have been taken through the impugned order. It appears that petitioner-respondent herein was enrolled in the Indian Army on 25th

February, 1977 after undergoing the physical test and medical examination by recruitment Medial Board. He was found physically fit for

enrolment. He underwent training and remained posted in various regiments. While on exercise at Dehradun in the year .1995, respondent, while

pitching a tent got entangled in a rope, fell down and sustained severe head injury. He was hospitalised in Command Hospital, Udhampur, Military

Hospital, Pathankot and Army Hospital, Delhi Cantt. He had to undergo surgery of head for removing probable blood clot in the brain.

Respondent's disability was assessed at 20% and he was discharged from service on medical grounds in the Lowest Medical Category i.e. CEE

(Permanent) w.e.f. 20.02.1998. Applicant-appellant No. 3 referred the case of respondent for grant of disability pension to applicant-appellant

No. 2, who rejected the claim on the ground that the disease suffered by respondent was neither attributable to nor aggravated by military service.

Aggrieved thereof, respondent approached the writ Court, which found that the respondent was discharged on medical grounds and since he was

not suffering from such disease at the time of his recruitment in Army, such disease incurred during exercise was attributable to Military service.

The findings recorded by the learned writ Court are sought to be assailed by the applicants-appellants.

It emerges from the impugned judgment that the Medical Board constituted for' medical checkup of the recruits did not detect any disease when

respondent was subjected to physical test and medical examination. Respondent had served Indian Army for a period slightly over 21 years. It is

not the case of the applicants-appellants that the respondent was suffering from any disease at the time of recruitment rendering him unfit for

military service or thereafter during the span of more than two decades while on active service in Army. The learned writ Court was therefore,

justified in coming to the conclusion that 20% disability suffered by respondent leading to his being placed in Lower Medical Category and

consequent discharge from service on medical grounds was attributable to military service. The view of the learned writ Court is fortified by a

Division Bench judgment of this Court titled Union of India v. Rattan Lal, 1992(2) SCT 39. This view of the learned writ Court is not shown to

be erroneous or unjustified with reference to the opinion of Medical Board.

There being no infirmity in the order of learned writ Court, we are of the considered opinion that no case for condonation of delay is made out.

CDLSW is declined. Consequently, appeal is dismissed along with connected MP.