NARSINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the Armed Forces Tribunal, Lucknow (for short, 'Tribunal') on September 23, 2011 whereby, the claim of the appellant for grant of disability pension was not accepted.

(2.) The appellant was enrolled in the Indian Army on December 2, 2003. The invaliding Medical Board found the appellant to be suffering from Schizophrenia, which disability was assessed at 20% for a period of five years. The opinion of the Board was that disability was neither attributable to nor aggravated by military service and consequently, the appellant was discharged from army service on May 8, 2007. The claim of the appellant for disability pension was rejected departmentally and later by the Tribunal and still aggrieved, the appellant is before this Court.

(3.) The appellant was appointed as CFN - Craftsman (Military Rank). In Annexure RP1 which includes the signed Personal Statement of the appellant, he was posted at 3 EME Centre, Bhopal from December 2, 2003 to August 23, 2005 and thereafter at AD Static Workshop from August 24, 2005 till the time, he was produced before the invaliding Medical Board. Both the places of posting of the appellant were the peace stations. In respect of disease, the appellant declared that he was treated, firstly, at INHS, Nivarini Chilka on September 7 and 8, 2006, then, at Command Hospital, Kolkata from September 9, 2006 to December 23, 2006. Thereafter, he was treated at Military Hospital, Allahabad from January 21, 2007 to February 21, 2007 and finally, at Command Hospital, Kolkata from February 23, 2007 till the time, he was examined by the invaliding Medical Board. In Part I of the Personal Statement, the Question asked was to "Give details of any incidents during your service which you think caused or made your disability worse". The answer given by the appellant was 'NIL'. In Part II of the Report, the Commanding Officer answered 'No' to the question - "Did the Duties involve Severe/exceptional stress and strain?"