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2006 Supreme(Del) 1510

SWATANTER KUMAR
EX. SEP. ROOP SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AMIT SINGH, Kamal Sawhney, Rajeev Anand, T.Parshad


SWATANTER KUMAR, J.

( 1 ) BY this common judgment, we shall dispose of the above six petitions as common question of law, based upon somewhat similar facts though with different diseases, falls for consideration of the court.

( 2 ) LEARNED counsel appearing for the petitioners have relied upon a recent judgment of a Division Bench of this court in the case of Ex. Cfn. Sugna Ram Ranoliya v. UOI and others, wp (C) No. 3699/2004, decided on 27. 7. 2006 as well as judgments of other High Courts and the Supreme court of India in support of their plea that the diseases for which the petitioners have been invalided out of military service are either attributable to or aggravated by military service and they are entitled to receive disability pension in accordance with Regulation 173 of the Pension regulations for the Army, 1961 (hereinafter referred to as 'the Regulations' ). It is also contended by the learned counsel appearing for the respective petitioners in these different writ petitions that the medical record which has not been prepared in accordance with the regulations, defence service regulations and the instructions contained in the medical manual for army cannot form the bas



















































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