SEP GOPAL PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Army as a Soldier on 17.3.1980. He was subjected to strict physical and medical examination at the time of his entry into service and was found in shape I category at that time. The petitioner was posted under the command of respondent no.4, i.e. Commanding Officer 13, Mechanized Infantry, where he served for 7 years. Because of the difficult service conditions, the petitioner started ailing and was put in Low Medical Category "CEE" (Psychiatric temporary) on 5.12.1984 for a period of 6 months. He was examined at Command Hospital, Pune by a classified specialist (psychiatry) on 28.4.1987 at the Military Hospital, Jhansi. The petitioner was placed in the low medical category "EEE" and finally on 6.5.1987, the petitioner was invalided out of the military service with effect from 6.8.1987 when he was subjected to a Medical Board. The Medical Board assessed the disability of the petitioner at 60% for two years while terming his disease as "schizophrenia". However, the disability pension was not granted to the petitioner and the CDA (P), Allahabad, vide their letter 26.8.1988 informed the petitioner that his mental illness was neither attributable to nor aggravated by the military service and as such the disability pension was denied to the petitioner. Even as per letter dated 12.1.2006, the disease of the petitioner was found to be attributable to the military service. Being aggrieved from the action of the respondents, the petitioner filed a Civil Writ Petition No. 6150/2006 which was dismissed by the Court on the ground of jurisdiction, vide order dated 21.4.2006. Thereafter, the petitioner filed a second appeal to the competent authority on 20.6.2006 but no order thereto is stated to have been passed by the said authorities. Being aggrieved from the inaction on the part of the respondents, the petitioner has approached this court in the present writ petition.

(2.) The earlier writ petition filed by the petitioner as stated in the counter affidavit, was withdrawn, and the second appeal/mercy petition filed by the petitioner is stated to have been forwarded to the Government by their letter dated 13.8.2006 which is pending decision. The learned counsel appearing for the petitioner while relying upon the judgment of this Court in the case of Sugna Ram Ranoliya vs. Union of India and Ors. W.P.(C) No. 3699/2004 decided on 31.8.2006 contended that the petitioner is entitled to grant of disability pension, while according to the respondents as per the medical records, the disability is constitutional and not attributable to and/or aggravated by the military service.

(3.) In view of the fact that there is no dispute in the counter that the second appeal/mercy petition has been filed and the respondents still have not disposed of the appeal preferred by the petitioner, it will be desirable that the respondents are directed to deal with the matter expeditiously to avoid any further prejudice to the petitioner.