The questions involved in this case are Whether a member of Armed Forces can be presumed to have been in sound physical and mental companydition upon entering service in absence of disabilities or disease numbered or recorded at the time of entrance.
The appellant approached the High Court of Himachal Pradesh in Civil Writ Petition No.660 of 2004 seeking a direction to respondents to grant disability pension with effect from 1st April, 1994.
The Union of India challenged the decision of the learned Single Judge before the Division Bench of the High Court of Himachal Pradesh in LPA No.26 of 2004.
Having rendered about 9 years of service in Indian Army he was boarded out of the service with effect from Ist April, 1994 on the ground of 20 permanent disability as he was found suffering from Genrealised seizure Epilepsy .
Respondent filed a writ petition which was allowed by learned Single Judge and as numbered above by the impugned judgment the special appeal was dismissed.
Whether the appellant is entitled for disability pension.
The factual matrix of the case is as follows The appellant was enrolled as Sepoy in the Corps of Signals of the Indian Army on 15th June, 1985.
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
This appeal has been preferred by the appellant against the judgment dated 31st July, 2009 in LPA No.26 of 2004 passed by the Division Bench of the High Court of Himachanl Pradesh, Shimla whereby the Division Bench allowed the appeal preferred by the Union of India and set aside the judgment dated 20th May, 2004 passed by the learned Single Judge in Civil Writ Petition No.660 of 2004.
