Page 71 - 5_COMPENDIUM VOL-5

SUPREME COURT Important Judgements

whether the ailment of the Respondent could or could not have been established that the conditions of military service determined or

detected at the time of his recruitment. Furthermore, the mere fact contributed to the onset of the disease and that the conditions were

that an ailment or disease may have arisen in service does not mean due to the circumstances of duty in military service.

that the ailment or disease is attributable to service conditions.
24. Even though, the Tribunal accepted that there might be cases,

21. In the instant case, as observed above, the discharge of the where an ailment/disease could be wholly unrelated to military

Respondent was not on account of any disability or disease but on service and the denial of disability pension could be justified on that

administrative grounds and such discharge was not questioned for ground, the Tribunal overlooked the mandate of Rule 14(c) of the

two decades. The judgment in Rajbir Singh (supra) or the judgments Entitlement Rules. From the Report of the Resurvey Medical Board, as

relied upon in Rajbir Singh (supra) have no application in the facts extracted in the impugned judgment and order, it does not appear

and circumstances of this case. The learned Tribunal noted red ink that the Review Medical Board gave any opinion as contemplated in

entries in the service records of the Respondent on the ground of Rule 14(b) or 14(c) of the Entitlement Rules. There were no materials

unauthorized absence, but arrived at the purported finding in effect before the Tribunal, on the basis of which the Tribunal could have

that the absence of the Respondent was only on account of his been satisfied that, the conditions of service of the Respondent

ailment/disability. Such finding is patently conjectural, and not based contributed to his disability and/or ailment. The Review Medical

on any materials on record. Board only assessed the extent of the disability of the Respondent

and the approximate duration of the disability, but not the cause
22. Moreover, even in the case of discharge on account of any
thereof.
disability or disease, the authorities might dispute that such disability

or disease was caused or aggravated by military service. The Medical
25. What exactly is the reason for a disability or ailment may not be
Board might, for reasons to be stated, give an opinion that the disease
possible for anyone to establish. Many ailments may not be

could not have been detected on medical examination prior to
detectable at the time of medical check-up, particularly where
appointment, in which case the disease/disability would not be
symptoms occur at intervals. Reliance would necessarily have to be

deemed to have arisen during service.
placed on expert medical opinion based on an in depth study of the

23. Moreover, as provided in Rule 14(c) of the Entitlement Rules, if a cause and nature of an ailment/disability including the symptoms

disease were accepted as having arisen in service, it must also be thereof, the conditions of service to which the soldier was exposed

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