SATPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as a combatant soldier in the Army on 9th June, 1982. At the time of enrolment, complete medical checkup was done of the petitioner as prescribed under the military rules. At the time of his induction in the Army, he was not suffering from any kind of disease. No remarks or note to that effect was given by the Medical Board at the time of his entering the service.

(2.) The petitioner after enrolment underwent training and other activities in the peace as well as in the forward areas. In the year 1990 petitioner developed mental problem as a result of which he was admitted in the Military Hospital. On account of his mental ailment he was placed in permanent low medical category 'EEE'. After the petitioner was placed in the permanent low medical category he was recommended for Medical Board. The Medical Board which was constituted assessed the disability element of the petitioner above 20% and recommended invalidating out of service the petitioner. The Commanding Officer of the petitioner sanctioned the discharge as well as recommended disability pension w.e.f. 6th July,1991. Duly sanctioned pension claim was forwarded to the Officer Incharge Sikh Regiment, Ramgarh Cantt. (Bihar) for disbursing the pension claim. However, respondent No. 2 the Controller of Defence Accounts (Pension), Allahabad rejected the military pension claim of the petitioner on the ground that disability of the petitioner on account of which he was invalided out of service was neither attributable to service nor aggravated due to service. Respondent No. 2 rejected the claim vide letter dated 16th March, 1992 which was informed to the petitioner vide letter dated 30th March, 1992 and 22nd July, 1992 by respondent No. 3. The petitioner filed appeal which was also rejected. The representation made by him also stood rejected.

(3.) It is in this background that the petitioner approached this Court seeking direction against the respondents for grant of disability pension w.e.f. the date of his discharge i.e. 6th July, 1991.