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2007 Supreme(Online)(KER) 38893

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
C.C.BABU – Appellant
Versus
SECRETARY TO GOVERNMENT – Respondent


Advocates:
Sri.K.Sasikumar, Sri.P.P.Som Rajan, Sri.A.Sudhi Vasudevan, Addl.CGSC

JUDGMENT

Aggrieved by the rejection of the claim of the petitioner for disability pension, this original petition has been filed. The petitioner was refused the pension as per Ext.P4 on the ground that his disease was not attributable and not aggravated due to the service conditions of Assam Rifles service.

2. The petitioner was enlisted into the service of Assam Rifles on

26.11.1986. The same is a para military service. It is the case of the petitioner that at the time of recruitment, he was subjected to intense medical examination and the authorities were satisfied about this physical and mental fitness and that it was under this medical fitness certificate that the petitioner was enrolled in the service of Assam Rifles.

3. It is the further case of the petitioner that the personnel of Assam Rifles have been mainly performing their duties in the north eastern boundary of the country and they have to resist extremists and insurgents. The deployment of the forces were usually in the sensitive places. The conditions of life there gave high mental tension and physical exertion to the jawans. The border areas are difficult terrains which are inhospitable OP 25968/2002 -2-

with uncongenial

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