DARSHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner started his basic training on 12th August, 1981 and after completing the same he was posted to 19 Sikh Unit in the Army as a Sepoy on 4th September, 1982. He was discharged from service after putting in 6 years, 3 months and 9 days on medical grounds.

(2.) The case of the petitioner, as projected in this petition, is that he was discharged from service on the ground that he had become mentally upset, which discharge is on account of inability incurred during his stay in the army and inasmuch as the disability that he suffered is directly attributable to the army service, he is entitled to disability pension under the Army Rules. Even though he applied for such pension on 23rd November, 1987, the respondents illegally rejected the same on 12th January, 1988. He carried an appeal against the orders referred to above as well but the appellate authority dismissed it vide orders dated 25th July, 1989.

(3.) The respondents have hotly contested the claim of the petitioner and in the written statement filed by them it is mentioned that the medical history of the petitioner makes it crystal clear that he had two disabilities. i.e. temporal lobe pillory (TLE) and neurosis idissocation, from the very beginning of his service career in the army which is not connected towards the employability of service. The fact that the petitioner was suffering from the aforesaid problems even prior to joining the army is stated to have been established by the medical authority while discharging the petitioner from service which was validated by the competent authority. The petitioner is stated to have suffered third disability when in an attempt to commit suicide he fired a gun shot in his abdonien. The petitioner is further stated to have remained in the hospital from 2nd October, 1983 to 9th May, 1984; from 14th November, 1984 to 20th November, 1984; from 24th April, 1985 to 29th April, 1985 and again from 29th December, 1985 to 28th April, 1986 as also from June 31st July, 1986 to 24th September, 1986. The case of the petitioner was referred to CCDA (P) Allahabad which, in turn, forwarded the same to the Record Office where it was rejected. However, a sum of Rs. 11,760/- on account of invalid gratuity was santioned by the CDA(P) Allahabad which was paid to the petitioner. The case of the respondents, thus, is that inasmuch as the disability suffered by the petitioner was not attributable to military service nor was it aggrevated on account of military service, he was not entided to any disability pension whatsoever.