JUDGMENT

Dalveer Bhandari, J.—

1. Leave granted.

2. This appeal is directed against the judgment of the High Court of Kerala at Ernakulam dated 19.7.2007 delivered in Writ Appeal No. 2038 of 2001.

3. The short question that arises for consideration of this Court is whether the High Court was justified in ignoring the report of the Medical Board in which it is clearly mentioned that disability of A.V. Damodaran was neither attributable nor aggravated by the military service.

4. Brief facts which are necessary to dispose of the appeal are as under:

A.V. Damodaran was enrolled in the Indian Army as Sapper in the Madras Engineers Group on 28.11.1979. After completion of basic training he was posted to 1st Engineer Regiment.

5. A.V. Damodaran was admitted to MI Allahabad and was diagnosed to be suffering from “Malaria” B.T.” on 24.6.1984. He was discharged from the hospital on 30.6.1984 and was again admitted in the Air Force Hospital, Jhansi because he was suffering from “Hallucination”. A.V. Damodaran was transferred to the Command Hospital, Lucknow for management by a psychiatrist on 5.7.1984. The disability of A.V. Damodaran was diagnosed as “Schizophrenia (295)” in peace station in