EX-SEPOY KARAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner -Karam Singh joined the Army on 15.12.1975 when he has medically and physically fit. After the completion of his training at Punjab Regimental Centre, Ramgarh Cantt., he was posted to 13th Battalion of the Punjab Regiment at Dehra Dun in January 1977. While serving at Sikkim in high altitude in uncongenial climate, he had attacks of Epilepsy Fits in October, 1980. He was removed to Military Hospital, Bagdogra and thereafter to the Military Hospital, Ramgarh Cantt., where he was downgraded in medical category 'CEE' temporary for six months and transferred to Military Hospital, Danapur as a Psychiatric patient for treatment, where his medical category CEE was extended for another six months. Pursuant to the Medical Board held in December, 1982 in Military Hospital, Ramgarh, he ws awarded 40 per cent disability. While on casual leave on 20.6.1983, he suffered Epilepsy Fits and involved in an accident, wherein his right arm was badly mutilated. He was rushed to th P.G.I. Chandigarh, where his arm was amputated and subsequently he was transferred to the Military Hospital, Chandigarh and thereafter to Military Hospital, Pune. After treatment, his disability was assessed as 85% and he was discharged. The petitioner waited for a considerable time for disability pension being released to him and thereafter started correspondence with the Office -in -Charge Records, the Punjab Regiment Ramgarh. He was informed that his pension claim was rejected. The petitioner requested the Officer -in -charge Records to take up the matter with the Controller of Defence Accounts (Pension), Allahabad. His request for the grant of disability pension remained pending till 6.12.1988, when it was finally turned down by the Government of India. The petitioner claims that although from the order of discharge it appears that the same had been passed in the exercise of Army Rule 13 -A (III) (iii), yet it is evident that the petitioner has been boarded out on completion of his tenure of service and he had been categorised EEE on account of the disease suffered by him during the military service put in by him and thereafter had been invalided out of service because of amputation of arm on account of an accident met by him while on casual leave and, therefore, the impugned order rejecting his claim for disability pension has got to be set aside.

(2.) IN the reply filed by the respondents, it was submitted that 30% disability suffered by the petitioner on account of fits (NYD) since September. 1983 was not attributable to military service but aggravated due to stress and strain of service at Ramgarh Cantt. It was also submitted that ultimately while on casual leave for 20 days at his own request, the petitioner had sustained injury on his right hand on 19.6.1983, which too cannot be attributed to military service and, therefore, as per the recommendations of the Military Hospital, Ramgarh Cantt., though the petitioner was invalided out of service, yet the disability pension claimed by him was denied as disability suffered by him was in no way co -related with the duties in the army.

(3.) I have heard the learned counsel for the parties and with their assistance have gone through the records of the case.