ORDER :

This appeal has been preferred against the impugned judgment and order dated 31st December, 2007 in L.P.A. No. 212 of 2006 passed by the High Court of Jammu and Kashmir at Jammu by which it affirmed the orders of the Courts below entitling the respondent to disability pension taking the view that the respondent who had joined Army service in 1998 as a Rifleman (Sepoy) got the ailment 'Solitary Generalised Tonic Clonic Seizure' which was attributable to Army service.

2. The issue involved herein is no more res integra. It is not in dispute that in case the injury suffered by military personnel is attributable to or aggravated by military service, he becomes entitled for disability pension. It is also a settled legal proposition that opinion of the Medical Board should be given primacy in deciding cases of disability pension and the court should not grant such pension brushing aside the opinion of the Medical Board. (See: Union of India & Anr. v. Baljit Singh, (1996) 11 SCC 315; Union of India & Ors. v. Dhir Singh China, Colonel (Retd.), (2003) 2 SCC 382; Controller of Defence Accounts (Pension) & Ors. v. S. Balachandran Nair, AIR 2005 SC 4391; Union of India & Ors. v. Keshar S