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 AUTHORITIES WERE OF THE OPINION THAT HE HAD BECOME 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.

3. THE RESPONDENT MADE AN APPLICATION FOR DISABILITY PENSION. SAME WAS REJECTED BY THE AUTHORITIES ON THE GROUND THAT THE DISABILITY OF THE RESPONDENT WAS NOT ATTRIBUTABLE TO MILITARY SERVICE. IT WAS ALSO STATED THAT THERE WAS NO PROOF THAT THE DISABILITY HAD EXISTED BEFORE OF 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 RESPONDENT HAD BEEN WORKING IN SENSITIVE AND TURBULENT AREAS AND THIS MUST HAVE AGGRAVATED HIS DISEASE AND THE STRESS AND STRAINS OF MILITARY SERVICE WERE THE SOLE CAUSE OF HIS ILLNESS AND IT WAS CLEARLY ATTRIBUTABLE TO THE STRESS AND STRAIN OF MILITARY SERVICE. THE PRESENT APPELLANTS WERE, THEREFORE, DIRECTED TO DISBURSE DISABILITY PENSION.

4. CHALLENGING THE ORDER PASSED BY LEARNED SINGLE JUDGE, A WRIT APPEAL WAS FILED BEFORE THE KERALA HIGH COURT. THE DIVISION BENCH BY THE IMPUGNED JUDGMENT DISMISSED THE WRIT APPEAL.

5. THE STAND OF THE APPELLANTS BEFORE THE HIGH COURT WAS THAT THE WRIT PETITION WAS FILED BELATEDLY AND ON ACCOUNT OF LACHES ALONE THE WRIT PETITION SHOULD HAVE BEEN DISMISSED. THE REQUEST FOR DISABILITY PENSION WAS REJECTED IN 1980 AND HE WAS TOLD THAT HE COULD FILE AN APPEAL WITHIN A PERIOD OF SIX MONTHS. THE APPEAL WAS DISPOSED OF MUCH BEFORE FILING OF THE WRIT PETITION. IN ADDITION, IT WAS SUBMITTED THAT THE MEDICAL BOARD ITSELF HAS FOUND THAT THE ILLNESS SUFFERED BY THE RESPONDENT CANNOT BE ATTRIBUTED TO MILITARY SERVICE AND WHEN AN EXPERT BODY LIKE THE MEDICAL BOARD GAVE THE OPINION THE AUTHORITIES WERE IN FACT BOUND BY SUCH DECISION AND THE LEARNED SINGLE JUDGE WAS NOT JUSTIFIED IN HIS VIEW. THE DIVISION BENCH DISMISSED THE APPEAL ON THE GROUND THAT NO PSYCHIC DISABILITY WAS NOTICED WHEN THE RESPONDENT JOINED THE MILITARY SERVICE. THE FACT THAT THE ILLNESS OCCURRED WHILE HE WAS IN THE BORDER AREA CLEARLY ESTABLISHED THAT THE AILMENT WAS ATTRIBUTABLE TO MILITARY SERVICE. THE FACT THAT THE RESPONDENT WAS WORKING IN THE BORDER AREA MUST HAVE CAUSED SOME STRESS AND STRAIN AND, THEREFORE, LEARNED SINGLE JUDGE WAS RIGHT IN HIS CONCLUSIONS.

6. LEARNED COUNSEL FOR THE APPELLANTS SUBMITTED THAT THE REGULATIONS FOR THE MEDICAL SERVICE OF ARMED FORCES, 1983 (IN SHORT "THE REGULATIONS") PROVIDE THE AILMENTS WHICH ARE ATTRIBUTABLE TO SUCH SERVICE. SPECIFIC REFERENCE IS MADE TO REGULATION 423. FURTHER, THE VIEW OF AN EXPERT BODY LIKE THE MEDICAL BOARD SHOULD NOT HAVE BEEN LIGHTLY BRUSHED ASIDE BY