IMPORTANT POINT
Medical Board is an expert body and its opinion is entitled to be given due weight, value and credence.

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 July 1984.

6. On 17.1.1985 the Medical Board recommended him to be invalided out of service in medical category “EEE” with 60% disability for a period of two years due to the disease Schizophrenia (295)”. The Medical Board had opined that the disability of A.V. Damodaran was not attributable to the military service nor has it been aggravated thereby and it is not connected with the service, as Schizophrenia is a constitutional disease. The opinion of the Medical Board reads as under:

“OPINION

This is a case of Schizophrenia in a young officer with 5 yrs service with no disorder of through peruption, behavior and irrational inconguity. He also exhibited impairment of judgment and might onset July 84. He has been treated with neuroleptis, electroplexy and psychotherapy. Response to therapy has been satisfactory. There is no evidence of active present features of illness at present. However, in view of early onset of the illness, a short period of service and chances of relapse in future under stress and strain of military service, he is considered unfit for further service. Recommended medical category EEE (Psychological). He has been reviewed by the medical specialist and no physical contributory factor elicited for his psychiatric breakdown. In abetment assessed is 60% (sixty percent) disability neither attributable nor aggravated by service. Longevity: Average 11.1.85. AFMSF 16281 along with related documents.”

7. The legal representatives of respondent no. 1 herein filed an Original Writ Petition before the High Court praying for grant of disability pension. By an order dated 20.12.2000 the learned Single Judge has allowed the original petition and declared that the individual was eligible to get disability pension under the provisions contained in the Pension Regulations for the Army, 1961 and such other enabling provisions. The Department filed a Writ Appeal before the High Court. By an impugned order, the High Court has dismissed the said appeal finding no reason to interfere with the discretion exercised by the learned Single Judge.

8. The main questions of law that arise for consideration of this Court are as under:

i) Whether the High Court is justified in upholding the order passed by the learned Single Judge granting disability pension to the respondents and dismissing the Writ Appeal by the appellant?

ii) Whether the respondents are entitled to the grant of disability pension under the provisions as contained in Regulation 173 of the Pension Regulations for the Army, 1961 and such other enabling provisions?

9. The appellant Union of India submitted that:

a) As per the medical opinion the respondent A.V. Damodaran was examined by the medical specialist and no physical contributory factor elicited for his psychiatric breakdown. In disable