M. VENKATESA PERUMAL (DECEASED) Vs. UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT MINISTRY OF DEFENCE DEPARTMENT OF PENSION & AC NEW DELHI

JUDGEMENT

(1.) Challenge in this writ appeal is to an order dated 19.01.2009 made in W.P.No.12733 of 2005, by which, the writ court, declined to interfere with the orders dated 27.01.2000 and 04.12.2002 passed by the Secretary to the Government, Ministry of Defence, Department of Pension & AC, New Delhi, respondent No.1 as well as the order dated 03.04.1998 passed by the Commanding Officer/Officer-in-Charge, State of Bihar, respondent No.3 and consequently, refused to issue any direction to grant of disability pension to the appellant (since deceased). Legal representatives are pursuing the claim for disability pension.

(2.) The appellant (since deceased) joined Indian Army on 06.04.1988 and served for a period of eight years and eight months. While he was serving in 603 ASC Battalion (AM), he was admitted in the Command Hospital (Western Command) at Chandimandir in two spells. The first spell was between 26.09.1995 to 19.10.1995, when he was admitted on the ground of back pain and the second spell was from 12.12.1995 to 04.04.1996, for the complaint of PIVDL - 4/5 (OPLD). Once again, the appellant was admitted in Command Hospital, Air Force, Bangalore on 22.08.1996 by his family members for unprovoked physical aggression on his family members and neighbours. The Senior Advisor Psychiatry diagnosed the ailment as 'Schizophrenia' and therefore, he was considered to be unfit for further service in Indian Army, by the Medical Board and recommended for invalidating him out of service, from Army, with effect from 31.12.1996.

(3.) The appellant had further contended that in terms Rule 13(3) read with Item III (iii) of the Army Rules, 1954, it is stated that, if a person is medically unfit for further service, he can be discharged only on the recommendation of the Invalidation Board. It was also stated by the Release Medical Board that the disease, which the appellant (since deceased) suffered, was neither attributable to nor aggravated by military service. It was a constitutional disease and not connected with service. He was placed under the low medical category of EEE(Psy).