SUBHASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) .While addressing the arguments on the application CM 3400 of 1994 the learned counsel for the parties covered the entire gamut of controversy raised in the writ petition. Learned counsel for the parties agreed that the writ petition be disposed of instead of merely disposing of the application. Accordingly I proceed to dispose of the writ petition.

(2.) .The petitioner was enrolled as a sepoy in the army on March 19,1982. At the time of his entry in the army no note of any disease was made, though his medical examination was conducted. It is stated in the petition that the petitioner performed his duties as per the following details:

(3.) .In December 1987 the petitioner was downgraded to medical category " CEE " for six months. In the middle of year 1988 the petitioner was examined for recategorisation but his medical categroy was not changed and the same was extended for another six months. Thereafter the petitioner was again examined at the Military Hospital, Jabalpur for recategorisation. By that time his condition had improved and he was upgraded to category "BEE". In January 1990 the petitioner joined his unit in Ranchi but developed sympotms of mental disorder and was admitted in the Military Hospital, Danapur. Ultimately on October 2, 1990 the petitioner was invalidated out from service in low medical category "EEE" with 40% disability for two years.