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october 2005

Supreme Court of India · 2005-10-21

Controller Of Defence ... vs S. Balachandran Nair

Citation / case number
AIR 2005 SUPREME COURT 4391
Court
Supreme Court of India
Petitioner
Controller Of Defence ...
Respondent
S. Balachandran Nair
Author
Arijit Pasayat
Bench
Arijit Pasayat, Ar Lakshmanan

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's decision granting disability pension to the respondent, emphasizing that the illness developed during military service was attributable to the stress and strain of such service. The Court noted that the Medical Board's opinion did not conclusively negate the connection between the respondent's service and his medical condition, as required under Regulation 423 of the Regulations for the Medical Service of Armed Forces, 1983. The Court affirmed that the respondent's psychiatric condition was aggravated by his service, thus entitling him to the pension.

Controller Of Defence ... vs S. Balachandran Nair · Niyam