SHIV MURTI RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition counter and rejoinder-affidavits have been exchanged between the parties. Since the petition was filed as back as on 15.7.1986, instead of admitting for final hearing, it is being decided finally under the Rules of the Court.

(2.) FACTS, In short, giving rise to this petition are that petitioner joined Army Service as M. T. Driver on 8.10.1960. Case of petitioner is that his work and conduct during service was excellent and consequently he was appointed as Instructor in M. T. Driver Training Centre, Gwallor. From there, he was transferred to 506 A. S. C. Battalion. Pithoragarh. Later on he was promoted to the post of Lans Nayak. In April, 1968, petitioner proceeded on two months' annual leave. While on leave he fell ill and was admitted in Command Hospital at Lucknow on 4.6.1968. From the hospital petitioner was discharged on 20.7.1968. It is stated that petitioner's health improved. He was allowed to go home but there was no intimation that he was being discharged from service. According to petitioner. Medical Officer informed that he has been granted medical leave for two months and requisite railway warrant was given to him. When the petitioner did not receive any communication for further movement, he made a representation to the Unit Commander. He also contacted the Secretary, Soldiers Board, Ghazipur. Through Secretary, Soldiers Board, Ghazipur, he learnt that he had been discharged from service on Medical Board Certificate on account of Schizophrenic Reaction (300).

(3.) LEARNED counsel for petitioner has submitted that from perusal of the proceedings of the Medical Board, it is fully established that disability from which petitioner suffered at the relevant time did not exist before he entered into service. The Medical Board Certificate of the Command Hospital. Lucknow is of the date 1.7.1968. The percentage of disability is 50 per cent and the probable duration of this degree of disablement was two years. The cause for the disability mentioned in the proceedings is narrated as under : "The disease is endogenous and arose in a psychiatrically predisposed individual."