The burden of proof lies on the authorities to establish that the disease is not attributable to service or has not been aggravated by it.

AR. Lakshmanan, J.

By consent of both parties, the main writ appeal itself is taken up for final hearing. Heard Mr. A. Sudhi Vasudevan, Additional Central Government Standing Counsel for the appellants and Mr. M.R. Rajendran Nair for the respondent.

2. The Union of India has filed this writ appeal against the order of the learned single judge allowing O.P. No. 4772 of 1997 filed by the respondent herein, directing the appellants herein to grant disability pension to the respondent. The appellants (the respondents in the Original Petition) were directed to pass orders within a month from the date of receipt of a copy of the judgment. The case put forward by the respondent herein was that after having put in seven years 11 months and 20 days of service in the CRPF, he was discharged from service on being assessed to be completely and permanently incapacitated for further service of any kind in the department. It was certified that the incapacity did not appear to have been caused by irregular or intemperate habits. The respondent contended that he did not have any disability at the time of entry in service and that on account of the stress and strain caused due to the service rendered by him under the C.R.P.F. he was assessed to be disabled. Hence, it was contended that the requirement of 10 years service was not necessary while claiming for disability pension. The appellant herein filed counter affidavit in the Original Petition, It is specifically stated in the counter affidavit that the disease of the respondent viz. 'choroiditis' was not attributable to conditions of service and that there was no casual connection between the disablement and Government service. It was also stated that the disease of the respondent herein, 'choroiditis' was not. covered as per list and classification of disease which can be contracted by service as envisaged in Schedule 1-A of Central Civil Service (Extra Ordinary

Pension) Rules.

3. Rajan, J. by judgment dated 2nd March, 1998, directed the appellants to grant disability pension to the petitioner. Orders in that respect was directed to be passed within one month from the date of receipt of a copy of the judgment. Aggrieved by the said judgment, the appellants have filed this writ appeal.

4. Learned counsel for the appellant submitted that the learned judge is not correct in saying that the burden is upon the appellant to prove that the disease which the respondent was suffering from was not attributable to or aggravated by Government service. On the other hand, it was contended that the learned single judge ought to have found that when a person claims an extraordinary benefit, it is upon him to prove that the disability is on account of or aggravated due to service conditions. According to counsel, the burden is upon the claimant to prove that there is casual Connection between the disability and the Government service. It is submitted that merely because the disease which the respondent is suffering was detected after his entry in service it will not make the respondent eligible for disability pension, and that the disability contracted by him is not attributable to service.

5. Learned counsel for the respondent reiterated the contentions raised in the Original Petition and submitted that the respondent is suffering for the last 20 years without the disability pension being paid and that the judgment of the learned single judge issuing directions to pay the pension is perfectly in order and not liable to be interfered with.

6. The Original Petition was filed challenging Ext. PI order. It is stated in Ext. PI, in paragraphs 6 and 7 as follows:

"6. As per CCS (EOP)Rules, disablement shall be accepted as due to Government service provided that, it is certified that it is due to disease (as mentioned in Sen. I( a ) which is attributable to Government service or existed before or arose during Government service and has been remains aggravated thereby. Further there should be casual connection