1. This Letters Patent Appeal is directed against the order dated 17-2-2006 passed in SWP No. 190/2003 whereby the respondent has been held entitled to disability pension and consequently respondents have been directed to release the same in his favour.

2. Facts which are not in dispute are that the respondent was enrolled in the Army on 14th March, 1998 and after basic military training was posted as Rifleman (Sepoy) in 18 JAK Rifles w.e.f. 25th Dec 1998. On being placed in low medical category CEE (Permanent) for two years and on account of solitary Generalized Tonic Colonic Seizure disease for two years with 20% disability, was invalided out of service. The opinion of the Release Medical Board in regard to the disability of the respondent was that it is:-

(a) Neither attributable to nor aggravated by military service. Condition could be genetic/familial in origin;

(b) Not connected with service;

(c) And same was assessed at 20% for two years.

3. Admittedly no note of the disease was kept on record at the time of induction of the respondent into army. The respondent claimed dis-ability pension but the same was rejected by the pension sanctioning authority on the grou