In this case, after examination of the respondent by the Board of Doctors, as per Col.
While he was in service he had sustained moderately severe injury Abductor Strain R Thigh internal Derangement R Knee on April 17, 1979 and was admitted to Military Hospital, Babina where he was downgraded to medical category CEE temporary w.e.f.
On May 10, 1981, the Medical Board of doctors found him physically incapacitated and reported in February 1980 in Psychiatric OPD where he was diagnosed to have a Neurosis Superimposed on an immature histrionic persouabity.
He filed W.P.No.738 of 1995 in the High Court of Himachal Pradesh at Shimla and in the impugned judgment dated October 31, 1995, the High Court directed the appellants to pay him disability pension Thus this appeal by special leave.
He was discharged from service by companysent as an invalidated man on May 31, 1981.
He was discharged from the Military Hospital, Babina on August 12, 1979.
The respondent was enrolled in the Army as Apprentice on March 30, 1975 and was appointed in the service on regular basis w.e.f.
He was recommended to be invalidated out of service.
August 11, 1979, by a duly companystituted Medical Board of doctors.
We have heard learned companynsel on both sides.
Delay companydoned.
Leave granted.
Shri P.P. Malhotra, learned senior companynsel appearing for the appellants, companytended that under Rule 173 of the primary companyditions for grant of disability pension, as per the Pension Regulations of the Army, 1961, for short, the Pension Regulations, unless otherwise specifically provided, a disability from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20 or over.
