In this case, the respondent Indian Air Force employee was rendered ineligible for further promotion and thereby invalidated on the ground of his being in medical category A4 G4 (Permanent). In the absence of any specific note on record as to the respondent suffering from any disease prior to his joining the service, he is presumed to have been in sound physical and mental condition while entering service as per Rule 5(a) of the Entitlement Rules.
The fact remains that the respondent employee was denied promotion on medical grounds and the deterioration in his health should therefore be presumed to have been caused due to service in the light of Rule 5(b) of the Entitlement Rules. Moreover, simply recording a conclusion that the disability was not attributable to service, without giving a reason as to why the diseases were not deemed to be attributable to service, clearly shows lack of proper application of mind by the Medical Board.
In these circumstances, the view taken by the Medical Board was rejected by the Supreme Court. Considering the facts and circumstances of the case in the light of above Rules and Regulations as well as settled principles of law, SC of the considered opinion that the Tribunal had not committed any error in awarding disability pension to the respondent for 60% disability from the date of his discharge along with 10% p.a. interest on the arrears. For all the reasons stated above, SC did not find any merit in the appeal of the Union of India and dismissed the appeal directing the appellants to release the arrears of disability pension to the respondent within three months from today together with interest @10% p.a.
(Reference: SUPREME COURT OF INDIA CIVIL APPEAL NO. 11208 OF 2011 UNION OF INDIA & ORS. ... APPELLANTS V/S ANGAD SINGH TITARIA ... RESPONDENT, JUDGMENT dated 24/02/2015.)
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