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2005 Supreme(SC) 1375

CONTROLLER OF DEFENCE ACCOUNTS (PENSION)S – Appellant
Versus
S. BALACHANDRAN NAIR – Respondent


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 WAS ENTITLED TO DISABILITY PENSION.

2. FACTUAL BACKGROUND IS ESSENTIALLY AS FOLLOWS:

THE RESPONDENT JOINED THE INDIAN ARMY ON 7-2-1972 IN THE SIGNAL CORPS. HE WAS SELECTED TO THE REGULAR ARMY THROUGH THE SELECTION PROCESS PRESCRIBED BY THE ARMY AUTHORITIES AND HAD UNDERGONE A THOROUGH MEDICAL EXAMINATION. THEREAFTER, HE HAD UNDERGONE MILITARY TRAINING AT 3 MTR, 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 OPERATIONS OR IN COMBAT AREA. HE WAS WORKING IN THE OFFICE OF RADIO MACHINE. HE DEVELOPED CERTAIN MEDICAL PROBLEMS AND WAS ADMITTED IN COMMAND HOSPITAL AT CHANDIGARH ON 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 CHANDIGARH MILITARY HOSPITAL IN DECEMBER 1979 AND AFTER PROLONGED TREATMENT WAS BOARDED OUT AND THE MEDICAL AUTHORITI




































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