GOPAL DAS MAHESHWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner challenges the correctness, validity and propriety of the orders issued by the respondents rejecting the claim of the petitioner for grant of Disability Pension, gratuity and other relevant statutory and pecuniary benefits.

(2.) THE brief facts necessary for the disposal of the petition are that the petitioner was appointed as Sepoy on 20-10-1986. Somewhere in November, 1989 he proceeded on leave for settlement of his engagement. Probably the engagement was materialised but suddenly, the petitioner, as alleged by the respondents suffered psychotic disorder and started thinking that the others were talking ill about his life, and all members of his family have turned ghosts. The petitioner, was brought to Military Hospital, Bhopal and was admitted on 20-11-1989 where he remained upto 22-11-89. He was shifted to Jabalpur Military Hospital where he stayed from 23-11-1989 to 7-12-1989. From 8-12-1989 to 2-1-1990 he was hospitalized at Military Hospital Jhansi. Between 3-1-1990 to 9-3-1990, he was treated again in Military Hospital, Bhopal, from 16-3-1990 till the date of Medical Report submitted by the invaliding Board, he remained in Military Hospital, Jabalpur. Finding that the petitioner was suffering with psychotic disorder known as Schizophrenia, the petitioner was ordered to be discharged from the services. The discharge order is available on record as Annexure-A. According to the petitioner, he was assured by the department that as he has suffered about 50% of the mental disability, according to para 173 of Pension Regulations 1961 for the Army, his case would be considered and he would be awarded disability pension. In fact, the case was referred for consideration but the higher officers found that the petitioner was a case of 20% disability but as the disability or the mental disorder was not attributable to the service conditions or environment he was not entitled to the disability pension. Being aggrieved by the said order, the petitioner preferred an appeal to the department. The said appeal was dismissed by the departmental authorities vide order dated 29-7-1992. The respondents picking up the threads say that the petitioner did prefer a second appeal against rejection of the disability pension which was rejected by the Union of India by order (Annexure-R/10) dated 29-10-1993.

(3.) SHRI Tiwari, learned counsel for the petitioner submits that Annexure- R/4, simply talks that the petitioner is a case of Schizophrenia but it does not say that the petitioner did not suffer mental disorder in the Military Services, therefore his case for grant of disability pension could not be rejected. According to him, his case is squarely covered by Regulation 173 and his entitlement for the pension could not be denied.