RAMACHANDRAN NAIR Vs. THE CONTROLLER OF DEFENCE ACCOUNTS

JUDGEMENT

(1.) Petitioner was enrolled in military on 21st July 1964 as a Vehicle Mechanic. His enrolment was after strenuous physical test and thorough medical examination. No defect, either physical or mental, was detected by the Experts including highly qualified doctors serving the military. On finding him medically fit to hold the post he was enrolled. Subsequently, he was assigned the rank of Craft man. He was posted in the field workshop of border area in Siliguri. Because of the strenuous nature of the work he developed anxiety. Subsequently, he was sent to Lucknow Military Hospital. After discharge from the hospital he was referred to a Medical Board. Medical Board found him not fit to continue in military service. He was placed in low medical category 'EEE' by the Medical Board of Army Doctors held at Military Hospital, Allahabad on 17th June 1969 for the disease "anxiety state (300)". Consequently he was discharged from service on 14th September 1969 on the ground of medically unfit. He applied for disability pension because according to him, the medical ground on which he was discharged from service is attributable to the service in the military. By Ext, p-2 letter dated; 26th June 1989 he was told that his claim for disability pension is inadmissible. The reason for that was stated as:

(2.) According to the petitioner, he was discharged from service on medical grounds which is attributable to military service and so he is entitled to disability pension.

(3.) A detailed counter affidavit has been filed disputing the claim of the petitioner. The main contention taken therein is that the Medical Board after thorough examination considered the petitioner as unfit for further service and recommended that he should be placed in low medical category 'EFE'. The Medical Board proceedings in respect of the petitioner were approved by ADME Headquarters on 1st July 1969. It is also stated that the Medical Board also declared that the petitioner's disability 'anxiety state (300)' is a constitutional disease and not connected with his service. So he is not entitled to disability pension.