KARAN SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this petition claims disability pension after his invalidation from Armed Forces due to the disease of 'Schizophrenia' with 20% disability after he had rendered 19 years 4 months of military service, with effect from 1.5.2003. According to the petitioner, he was enrolled in the Army on 12.12.1983 after complying with all the requirements of medical and physical fitness. The petitioner was found free from any disease and was adhering to the prescribed standards at the time of his enrolment. The petitioner served the Army for a long period of 19 years and 4 months to the satisfaction of all concerned. He was subjected to various medical check-ups at regular intervals by the Army authorities and was always found fit and was placed in medical category 'AYE'. The petitioner after serving for such a long period, started having health problems and was found to be suffering from 'Schizophrenia'. He was subjected to a regular Invalidating Medical Board which found the disability of the petitioner to be 20% and he was invalided out from military service on 1.1.2003. The request of the petitioner for grant of disability pension was rejected by the PCDA (P) Allahabad vide letter dated 16.10.2006 stating that the disability was a 'Constitutional disorder' and was not attributable to the military service and the petitioner was paid Army Group Insurance Benefit of 37,000/- on account of 20% disability. However, the respondents rejected the claim of the petitioner for grant of disability pension resulting in filing of the present writ petition. Vide letter dated 16.10.2006 the respondent initially rejected the claim of the petitioner and the appeal preferred by the petitioner was also rejected. The respondents while declining the disability pension of the petitioner furnished the following medical record of the petitioner and the same reads as under:- <FRM>JUDGEMENT_58_ILRDLH16_2007Html1.htm</FRM>

(2.) The learned counsel appearing for the petitioner while relying upon the judgment of this Court in the case of Ex.Sep. Roop Singh vs. Union of India and Ors. W.P.(C) No. 3697/2006 decided on 31.8.2006 argued that the cause and aggression of disability was attributable to the military service and the disease of the kind from which the petitioner suffered, is one which is considerably affected by environmental constraints and conditions of service. The disease of Schizophrenia after 19 years of service could be attributed to or in any case be aggravated by the military service. The petitioner was subjected to regular medical check-ups and was never found to be ailing from any disease. He performed his duties to the satisfaction of all concerned and without any health problems. He served at various stations and took the stress and strain of conditions of service, without any adverse effect. In the case of Ex. Cfn. Sugna Ram Ranoliya vs. Union of India and Ors. 132 (2006) DLT 544 (DB), the Court held as under:-

(3.) Consistent view of this Court has been that such a disease would be attributable to and/or aggravated by military service. In Annexure-III to Appendix II, psychosis and psycho-neurosis have been shown to be the diseases affected by stress and strain of the Force. The mental diseases, even otherwise, are affected by environment and can certainly be aggravated in face of the hard service conditions. The consistent view taken by different Benches of this Court clearly shows that the disease of Schizophrenia, keeping in view the long years of service and seen in the backdrop of conditions of service can be attributed to or in any case aggravated by the military service.