C. PURATCHIDASAN Vs. ARMED FORCES TRIBUNAL

JUDGEMENT

(1.) This writ petition has been filed for the issuance of writ of certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 1 st respondent in O.A.No.176 of 2021 dtd. 1/12/2023 and quash the same and consequently direct the respondents to sanction the petitioner's disability pension to the petitioner w.e.f.14/11/1998 and disburse the arrears.

(2.) It is averred in the writ petition that the petitioner was enrolled in the Indian Army on 26/6/1991 and was reported to Artillery centre, Nasik Road camp for requisite Military Training. The petitioner rendered blemishless record of service. The petitioner was posted to a different Regiment. On 3/10/1996, the petitioner was admitted as "CVS (INV) NAD" in 174 Military Hospital. Then again admitted on 25/2/1997 for "SCHIZOPHRENIA (CATATONICS)" and was discharged on 9/4/1997. Again diagnosed for "SCHIZOPHRENIZ (CATATONICS)" for a period of six months from 25/7/1997 and was in the same category till 25/7/1998.

(3.) The petitioner was again admitted in the Military Hospital on 17/7/1998 as a case on "ABONORMAL BEHAVIOUR" and was transferred to Command Hospital Air Force, Bangalore on 23/7/1998. The petitioner further averred in the writ petition that he has been assessed at 60% disability for 5 years. Since he was recommended by medical specialist as unfit to be in service on diagnosis of Schizophrenia [catatonics], he was invalidated out from service in Low Medical Category 'EEE [Psy]Permanent' and subsequently was sent before an invalidment medical board [IMB] at Command hospital Air Force, Bangalore, on 23/10/1998 to assess the cause, nature and degree of disablement. The invaliding medical board proceedings was approved and the petitioner was invalidated out from service with service from 14/11/1998 under Army Rule 13 [3] after rendering a service for a period of 7 years and 141 days.