JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

Leave granted.

2. This appeal has been preferred by the appellant against the judgment dated 31st July, 2009 in LPA No.26 of 2004 passed by the Division Bench of the High Court of Himachanl Pradesh, Shimla whereby the Division Bench allowed the appeal preferred by the Union of India and set aside the judgment dated 20th May, 2004 passed by the learned Single Judge in Civil Writ Petition No.660 of 2004.

3. The questions involved in this case are:

(i) Whether a member of Armed Forces can be presumed to have been in sound physical and mental condition upon entering service in absence of disabilities or disease noted or recorded at the time of entrance.

(ii) Whether the appellant is entitled for disability pension.

4. The factual matrix of the case is as follows:

The appellant was enrolled as Sepoy in the Corps of Signals of the Indian Army on 15th June, 1985. Having rendered about 9 years of service in Indian Army he was boarded out of the service with effect from Ist April, 1994 on the ground of 20% permanent disability as he was found suffering from “Genrealised seizure (Epilepsy)". The Medical Board of Army opined that the "disability is not related