DHARAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled in the Indian Army on 21 -1 -1986. On 4 -2 -1986, the petitioner is stated to have fallen ill due to high fever/typhoid fever. He was hospitalised from 4 -2 -1986 to 6 -5 -1986. During his various medical checkups, it was discovered that the petitioner was suffering from ''Schizophrenic Psychosis (295) ''. Thereafter, he was treated at various hospitals in public interest, but he could not be cured. On 2 -4 -1986 , a Graded Specialist (Psychiatry), Military Hospital, Jabalpur gave his opinion as follows : -

(2.) ON the basis of the medical opinion, the petitioner was brought before duly constituted invaliding medical board on 17 -4 -1986. The Board assessed his disability at 40% for two years. It was also noticed that the illness suffered from the petitioner was not connected with the service, being constitutional in nature, thereafter, he was invalided out of service on 5 -5 -1986. A sum of Rs. 1886.10 was paid to him towards final settlement of his account and Rs. 14000/ -towards Disability Cover, for 40% disability under Army Group Insurance Scheme.

(3.) WE have considered the submissions made by the learned counsel for the parties. The aforesaid judgment relied on by the learned counsel for the petitioner would not be applicable in the facts and circumstances of the present case. As noticed earlier, the petitioner had not even commenced training when the ailment was discovered. The Medical Board has also held that the ailment from which the petitioner suffered was constitutional in nature. It has also been held that it is neither attributable to nor aggravated by the military service. In A. J. S. Chaudhary 's case (supra), the petitioner therein had been selected for admission to National Defence Academy in the year 1971. Thereafter he joined Indian Military Academy for pre -commission training. He was granted Commission in the rank of Second Lieutenant in December 1975. During his tenure, he remained posted at high altitude/ field stations in Jammu and Kashmir and Sikkim for two consecutive terms between 1976 and 1981. It was only in 1982 he was diagnosed as suffering from Schizophrenia - ICC 25. He was, therefore, declared unfit for military service after being placed in Medical Category ''CEE ''. In that case, the Medical Board had categorically stated that the disability did not exist before the petitioner 's entering in service. There is no such expression of opinion by the Medical Board in the present case. This apart, the Supreme Court in the case of Union of India v. Baljit Singh, 1997 (1) Serv. LR (SC) 98 has held that even in cases where it is accepted that the disease has arisen during service, it must be established that conditions of military service determined or contributed the onset of the disease and that the conditions were due to the circumstances of duty in military service. This onus has not been discharged by the present petitioner. In view of the above, the present writ petition is hereby dismissed. No costs. Petition dismissed.