MAHAVIR SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Mahabir Singh Rawat - a young boy imbued with an intense desire to serve the mother land, entered the Army Service at the age of around 17 years. Before he could pass through his hey days by ceaselessly toiling in the department, he was unfortunately boarded out within a period of about five years on account of affliction of a disease, known as Nurosis Anxiety, resulting in down-gradation of his medical category from 'A' to 'E' thereby rendering him unfit to continue in active service. The claim of disability pension preferred by him after having been boarded out and for an alternative appointment met with a Nelson's eye of the department. It is in these circumstances that the petitioner has to take the shelter of this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India.

(2.) The wood-cut profile of the case is that the petitioner, whose date of birth is 10th May, 1958 was enrolled in the service of Indian Army as an Instrument Mechanic on 27.9.1975. He was initially posted at Bhopal. During the period 1977-78, he was at Baroda. He was marched out of Baroda to join at Udhampur in Jammu and Kashmir where he remained posted during the period 1978-80, At the time of the enrolment, petitioner was found to be medically fit in all respects. In the periodical medical tests also, he was never found suffering from any disease. It was for the first time in the month of June, 1980, when he was posted at Udhampur and he was medically examined at 148 Base Hospital, it was detected that he was suffering from the Nurosis Anxiety-300. He had undergone appropriate treatment. Ultimately on 27.10.1980, a Medical Board was constituted to examine the petitioner. It was found by the Medical Board that the petitioner had acquired disability on account of Nurosis Anxiety-300. The opinion of the Medical Board given in the column (d) of the confidential form. part III which is annexed with the Medical Board proceedings invaliding all ranks, a copy of which is Annexure-SCA 1 to the supplementary counter-affidavit filed by Lt. U. G. Pradhan, Assistant Record Officer, EME Records. Secundrabad (A. P.) which runs as follows : The disability is constitutional and is not connected with service." The disablement was assessed to be 20 per cent. The opinion of the Medical Board dated 27.10.1980 was duly approved by the approving authority on 8.11.1980. On the basis of the opinion of the Medical Board, as approved by the competent authority, the petitioner was invalidied and boarded out after having put in five years 63 days service. The case of the petitioner for disability pension was duly recommended as is clear from the entry made against column at serial number 21 of the form Part IV, which has been brought on record as S.C.A. 1. The officer in charge, Release and Hocking Coy further certifying the correctness of the particulars ascertained from the service record of the petitioner recommended for the sanction of disability pension as admissible under the rules. This certification and recommendation is contained at the end of Part IV of the form. The case of the petitioner for disability pension in spite of the recommendation of the immediate superiors failed to evoke response. His claim was rejected by order dated 6.8.1981. In spite of the delay caused in filing the appeal on account of the official rigmaroles, the appeal was entertained after condoning the delay but the petitioner did not meet with any better luck as his appeal was ultimately dismissed on 24.11.1997.

(3.) The stand taken by the petitioner is that he suffered the illness of Nurosis Anxiety on account of his continued posting for a period of about 3 years in an area of high altitude in district Udhampur (J&K) and since the disease, according to him, was the direct and proximate cause of stress and strain suffered by him during his posting at that area, he cannot be denied the privilege of disability pension. The petitioner has further prayed for an alternative job in view of the orders issued by the Government of India, Ministry of Defence under their letter dated 18.6.1973 as well as other circular letters.