'Epilepsy Can't Be Attributed To Service In Navy As It Occurs Periodically And Could Be Dormant At Other Times', Delhi High Court Dismisses Petition

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed an appeal wherein a Navy Officer sought disability pension based on the claim that his medical condition was attributable to his service in the navy. The Officer was invalidated after the detection of the medical condition which was not disputed, however, the Court held that the disease could not be due to the Petitioner's service as it was more of a condition which is dormant and occurs periodically. The Counsel submitted that several Supreme Court judgements held that when a service member entered a Force in a 'fit' medical condition and was subsequently discharged with a disability, such disability, except in very specific and narrow circumstances, should be considered attributable to or aggravated by military service. The Court further considered the opinion of the Medical Board that opined that the Petitioner's condition could not be because of his service in the military and that he was fit to perform suitable duties in civil service with a few exceptions like staying away from fire, water or heights and refrain from consuming alcohol or driving a vehicle.