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october 2005

Supreme Court of India · 2005-10-21

CONTROLLER OF DEFENCE ACCTS.(PEN.)&ORS vs S. BALACHANDRAN NAIR

Citation / case number
SC 1998/2854
Court
Supreme Court of India
Petitioner
CONTROLLER OF DEFENCE ACCTS.(PEN.)&ORS
Respondent
S. BALACHANDRAN NAIR
Author
ARIJIT PASAYAT
Bench
DR. AR LAKSHMANAN ARIJIT PASAYAT

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, which initially denied the connection between the illness and military service, was not determinative given the circumstances of the respondent's service in a border area. The Court affirmed that the respondent's condition, diagnosed as anxiety neurosis, was aggravated by military duties, thus entitling him to the pension under relevant military regulations.

CONTROLLER OF DEFENCE ACCTS.(PEN.)&ORS vs S. BALACHANDRAN NAIR · Niyam