LAXMI NARAYAN PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India assailing the order dtd. 21/7/2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi ('Tribunal') in Original Application ('OA') No. 1814/2019. Vide the impugned order, the petitioner's OA was dismissed by the learned Tribunal by holding that 'Schizophrenia', the invaliding disability from which the petitioner was suffering, was neither attributable to nor aggravated by military service.

(2.) One may recite the brief facts of the case by beginning to note that the petitioner joined the Indian Air Force ('IAF') as a Radio Technician on 11/5/1989 and was posted at 43 Wireless Experimental Unit ('WEU') (B) in Chouhtan, Barmer, Rajasthan. In November, 1992, the petitioner, for the first time, reported uneasiness and sleep disturbances and had difficulty concentrating on his assigned tasks and duties. Initially, he was admitted to 7 Air Force Hospital ('AFH') on 26/12/1992 with the above symptoms. The petitioner was again medically examined on 15/9/1993 by the Specialist (Psychiatric) Medical Hospital, Jodhpur when he was diagnosed with 'Schizophrenia' and temporarily downgraded to low medical category: CEE (T-24) (PSY) for ID - SCHIZOPHRENIA vide AFMSF-15 dtd. 15/9/1993. As he was found to be still suffering from 'Schizophrenia', in the subsequent Medical Boards, he was on 15/2/2006 placed in a permanent low medical category: A4G4 (P) (PSY) in which category he remained till he was produced before the Release Medical Board ('RMB') held at HQ SWAC (U). On 14/10/2008, the RMB opined that the petitioner be released in low medical category; A4G4(P) (PSY) on account of the disability of Schizophrenia which was assessed at 30 percent for life and was held to be neither attributable nor aggravated by Air Force service. The opinion of the RMB was approved by Deputy Principal Medical Officer ('PMO'), HQ, South Western Air Command ('SWAC') IAF on 21/10/2008 and thereafter, by Air Officer Commander ('AOC'), Air Force Record Office ('AFRO'). Consequently, the petitioner, was after rendering service for 20 years and 20 days, discharged from service on 31/5/2009 with 30 percent disability.

(3.) The petitioner's claim for disability pension was however, rejected. The petitioner, therefore, preferred an appeal on 15/7/2019, which was followed by legal notice dtd. 13/8/2019, in response whereto, his appeal was, vide order dtd. 17/9/2019, also rejected. The petitioner assailed the rejection orders dtd. 4/11/2008 and 17/9/2009, before the learned Tribunal by way of OA No. 1814 of 2019.