ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) KRISHNA Kumar, J. The petitioner is army personnel. During his tenure, he suf fered with Schizophrenia and was dis charged. He prayed for disability pension which was refused, hence this writ petition.

(2.) HEARD learned Counsel for the par ties. There is no dispute in respect of the illness suffered by the petitioner. The petitioner's only grievance is that because he suffered the disability attributable to service he is entitled for disability pension, while learned Counsel for the respondents contended that disability suffered has nothing to do with the service and, there fore, the petitioner is not entitled for dis ability pension. Having heard learned Counsel for the petitioner, we are con vinced that the disability suffered by the petitioner was caused because of stress and strains of service condition. There is nothing to show that the petitioner could suffer this disease because of any other reason hereditary etc. Reliance, has been placed by the learned Counsel for the petitioner upon Sanjeev Jaggi v. Union of India and others, 1994 (24) ALR 98, wherein it is held that decision of the Defence Ministry that the petitioner has not earned disability due to military ser vice is not supported by any valid reason or valid ground nor it is supported by (he opinion of any higher medical authority in medical service than Medical Board.