DAMODARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this court challenging Exts. P2, P4, and P7 orders. He seeks grant of disability pension.

(2.) The petitioner was enrolled in military service in E.M.E. on 20.9.68. He was boarded out on medical ground categorising him in "EEE" category on 24.11.78. The reason for discharge was that he had developed 'Neurosis (300)'. The petitioner claimed disability pension. It was rejected as per Ext. P2 on the reason that the illness and the disability therefrom is neither attributable to nor aggravated by military service. A statutory appeal was filed against Ext. P3. It was rejected in Ext. P4 order without showing any reason. That was challenged in O.P. 10848/87. Setting aside Ext. P4 the appellate authority was directed to consider the matter afresh. In compliance with that direction, orders afresh was issued is Ext P7 again rejecting the claim of the petitioner on the same ground that "ID Neurosis is a mental disease and is neither attributable to nor aggravated by military service".

(3.) It is a admitted case that while the petitioner was serving in Avadi, he sustained injuries while performing duties. It is admitted in Ext. P7 that the petitioner "was admitted to and treated at Military Hospital, Avady from 20th August 1977 to 29th August 1977 for incised wound scalp". It is further admitted in the counter affidavit that this was "due to injury sustained by him while he was performing an official task".