EX LT SANJIV JAGGI Vs. UNION OF INDIA

JUDGEMENT

(1.) EX-Lt Sanjiv Jaggi, the petitioner in the present case, was selected for short service commission for training at Officers Training School, Madras and was commissioned as Second Lt. in the Indian Army on 15-3-1980 and was posted initially with 4/8, Gorkha Rifles, a Division of the Infantry, the main fighting branch of the Indian Army. The petitioner performed his duties satisfactorily and during the service as a commissioned officer attended Young Officers Course at Belgaum which comprises of training in weapons and commando war affairs and driving and maintenance of vehicles at Army School off Mechanical Transport, Banglore.

(2.) SOME time in the year 1982, the petitioner was deputed for one of the battalion exercise which involves severe test of physical and mental ability of an officer. During the course of exercise, the petitioner had to spend four days and night without food. The petitioner claims to have suffered a breakdown in view of this extraneous exercise. The petitioner was accordingly hospitalised for treatment at Military Hospital, Pathankot. Subsequently, the petitioner was referred to Military Hospital, Udhampur where he remained hospitalised for 20 days. On this account, the petitioner was down graded and placed in medical category S-3 for a period of six months The petitioner's Unit, thereafter, was required to move to Uri (J and K) which is a Field Station. The petitioner being medically unfit, was posted to 58. Gorkha Training Centre in Peach Station at Shillong on 30-9-82. The petitioner was medically examined at Shillong and after a period of six months the Medical authorities at Shillong, referred the case of the petitioner to Command Hospital, Calcutta. The petitioner was hospitalised for a period of six months from December 1982 to September. 1983. During the period the petitioner was admitted in the; Command Hospital, Calcutta, his case was referred to the Medical Board for examination. After examination, the Medical Board was of the opinion that the petitioner be released from the Army on medical ground in category 15-5. Accordingly, the petitioner was discharged from Army w.e.f. 19-9-1983 on the recommendations of the Medical Board dated 10-5-1983. The petitioner was earlier discharged from the Command Hospital, Calcutta with the recommendation : "Invalided out of service in medical classification S-5".

(3.) I have perused the entire record in the matter and I do not find that there is any finding by the DGAFMS reversing the opinion of the Medical Board given in the case of the petitioner that the petitioner has incurred/aggravated disability which is attributable to Military service. In view of the matter, under the Rules, the Medical Board's opinion given in the case of the petitioner has become final. In the counter affidavit also nothing is brought on record to show either DGAFMS or any higher medical authority in military service than the Medical Board has reversed the opinion of Medical Board given in favour of the petitioner recommending disability pension. Under the Rules the Defence Ministry cannot act contrary to the opinion of the Medical Board in the matter of disability pension. The counter affidavit is also silent on the question, as to on what basis the Defence Ministry has ultimately decided contrary to the opinion of the Medical Board.