P SINGNALMAN NISHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 16.4.1993 passed by. Respondent No. 3 whereby the claim of the petitioner's disability pension has been rejected and order dated 21.9.94 whereby the appeal of the petitioner filed against rejection of disability pension has been dismissed and further relief for mandamus was sought for directing the respondents to pay the disability pension the petitioner.

(2.) The relief sought for in the writ petition rests on the allegation that the petitioner was enrolled in the Indian Army and allotted signal branch..' While posted at. 2 Field Trial Sub (Gp) Core of 56 A.P.O., he was seal on Form A.F.M.S.I.O. to Medical Hospital on a suspected ailment of PARANOID State (I.C.D. No. 297) and was boarded out after down grading his medical category to "EEE" by Medical Board on 6.2.1991. Thereafter the petitioner submitted a disability pension claim to the Chief Controller of Defence Accounts (Pension) Allahabad through the Officer Incharge Signal Records which was rejected vide letter order dated 16.4. 1993 by Chief Controller of the Defence Accounts (Pension) with the remarks that the petitioner was suffering from Paranoid State during the service on which the claims is based : (a) is not attributable to Military Service (b) does not fulfill the conditions namely that is existed before or arose during the Military Service and has been aggravated thereby. This was intimated to the petitioner vide letter dated 7.5.1993 by the Officer Incharge Signal Records (Respondent No. 2), The petitioner has challenged the aforesaid action of the respondent No. 3 as mechanical and arbitrary on the ground that he was enrolled in Army Service after a thorough medical examination but nothing abnormal was found against him so the Paranoid state from which he is suffering now arose during the Military Service and is fully attributable to the Military Service.

(3.) It is further stated that the Government of India, Ministry of Defence has (published a manual namely guide to Medical Officers (Military Pension) l980.The Chapter VI of which deals with the clinical aspect or certain diseases. Para -35 of the said chapter deals with mental (Psychiatric) Dis-order. The paranoid state of which the petitioner alleged to be suffering comes under the aforesaid heading The claims for same usually arises in the circumstances namely: (a) Prolonged field service; (b) Participation in war like front like operations (c) Intensive Military training with troops; (d) service in high attitude area (e) Long patrolling duties in mountains and hazardous area but the aforesaid list is not exhaustive rather illustrative in nature and in each and every case careful consideration should be given as to whether the individual in question would or would not have been subjected to similar stress if he had not joined the (service. While considering the claim in such circumstances, the stress factor, the genetic factor and time factor must be considered. Where the stress factor predominates and breakdown occurs within at most six months the entitlement of attributability may be appropriate, where genetic factor is predominant, the possibility of aggravation must be considered.