JARNAIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex.Spr. Jainail Singh has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus seeking the directions of this Court against the respondents to release disability pension to him w.e.f. 25.7.1977 along with interest.

(2.) The case set up by the petitioner is that he was enrolled in the Indian Army on 1.9.1971 and he was declared medically fit by the medical experts describing him in category 'A'. After completing the training successfully he was given oath as a trained soldier and he was again medically examined by the doctors periodically and there was no complaint of any ailment to him. In the year 1997 (1977 ?) when his Regiment was posted in the area of Chhamb Jaurian, he was put on general duty and extra duties were taken from him in the winter seasons in this area which are prone to insurgency. As a result of stress and strain, restlessness and ache developed in his brain and he continued to pass sleepless nights. He was sent to Field Hospital for medical check up where the doctor suspected some clot in his brain. The doctors of that hospital could not control the mental imbalance, as a result of which he was sent to the Department of Neuro-Surgery at Military Hospital at Pathankot for further check up. Even at Pathankot there could not be proper diagnosis, as a result of that the disease of the petitioner started aggravating. Then he was referred to Command Hospital, Pune, where the medical authorities found that the disease of the petitioner could not be controlled and he could not remain fit for military service. He was boarded out being invalidated from the service by placing him in category 'C' (Permanent) and his disability was described to the extent of 50%. Finally, he was discharged on 25.7.1977. He made a request to the respondents from grant of disability benefit, but the same was rejected. This request was repeated in the year 1996, but to no effect. He also gave a notice on 16.5.1997. Hence, the present writ petition.

(3.) Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations. According to the respondents, the petitioner was not subjected to any extensive medical examination by the specialist. He was suffering from a constitutional disease which could not be detected during the course of his medical check up as the disease was latent one. The petitioner served in concessional areas. There was no mental stress upon him. He was clinically examined and the medical board consisting of experts opined that the disease Grandmal Epilespy was constitutional one and was not connected with the service factors in any way. His disability was assessed at 20% for two yeas vide opinion of the medical board dated 16.4.1977. In short, the defence of the respondents is that since the disease suffered by the petitioner is not attributable to the military service nor it has been aggravated during the course of military service, therefore, the petitioner is not entitled to the benefit of disability pension.