BALBIR KAUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the petitioner seeks the issuance of a writ in the nature of Certiorari for quashing the order dated 20.6.1996 rejecting the claim of the petitioner's husband for the grant of disability pension communicated to her husband by letter dated 8.7.1996 and the order dated 21.4.1998 rejecting the appeal filed on behalf of the petitioner's husband. The petitioner has filed this petition on behalf of her husband on the ground that he is not mentally fit to pursue the present writ petition.

(2.) The petitioner claims that her husband was enrolled in the Indian Army as a Sepoy in the Sikh Regiment, Ramgarh Cantt., Bihar on 1.4.1988. He was medically examined and found fit. He completed nine months training. After it he was sent to Pathankot in January/February, 1989. After 4/5 months, he was sent to Arunachal Pradesh. In May/June,1989, he was posted in "Gachham" unit at "Tanga" posts near China Border in Arunachal Pradesh. The posting at Tanga is a very high altitude. Climatic conditions of the place are different from the native place of the petitioner and her husband. After his posting, the husband of the petitioner was sent back to Ramgarh Cantt., Bihar and put on duty for driving training of Military transport for about six months. Again he was sent back to the unit in Arunachal Pradesh. He remained there about 2/3 months. From there, he was sent to Ganganagar, Rajasthan. Thus from the extreme cold, he was sent to an extremely hot place. In January, 1993, the petitioner's husband developed a disease when he was posted at Ganganagar which was later on detected as "Affective Psychosis (Major Depression)." He remained admitted in various military hospitals for treatment at Ganganagar, Bathinda, Delhi and Chandimandir. He was finally declared "unfit" for military service. On 15.9.1994, the petitioner's husband was invalidated out of service on medical grounds for the disease i.e. Affective Psychosis (Major Depression). He was placed in lower medical category "EEE". The petitioner's husband made a claim for Disability Pension which was rejected by the respondents by order dated 20.6.1996. The appeal filed against the aforesaid order has been dismissed by letter dated 21.4.1998.

(3.) Written statement has been filed by the respondents. The medical treatment received by the husband of the petitioner at various medical hospitals for the diseases noted against each, has been given as under :-