UNION OF INDIA Vs. SREEKUMAR

JUDGEMENT

(1.) Respondents 1 to 3 in the original petition are the appellants. The appeal is directed against the judgment of the learned Single Judge setting aside Ext. P3 and directing the appellants/respondents to grant disability pension to the petitioner.

(2.) The brief facts necessary for the disposal of the appeal areas follows: The petitioner/respondent was enrolled in the Army on 20-10-1984 and invalidated out of service on 5-4-1992 on account of I.D. - Affective Psychosis (Depression). Before boarding out he was treated in the military hospital and at the time of his discharge he had put in service of 7 years and 6 months. Though the petitioner/ respondent applied for disability pension the same was rejected by the authorities and against which the petitioner filed Ext. P2 appeal which was rejected by Ext. P3 order of the Union of India on the ground that the disability was due to constitutional disease of the petitioner/respondent and it did not develop due to stress and strain of military service. Aggrieved thereby the petitioner moved this court by the present writ petition out of which this writ appeal arises.

(3.) According to the petitioner/respondent, he was physically and mentally fit at the time of his recruitment and the development of the disease thereafter is clearly attributable to the military service and not due to any other reason. Per contra, it was contended by the appellants that the disability of the respondent/ petitioner is a constitutional disease unconnected with his military service disentitling him to disability pension. The learned single Judge, however, accepted the argument of the respondent/petitioner and quashed Ext. P3 holding that the illness could be attributable to military service. Hence this appeal.