DALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 05.03.2013, whereby an Original Application filed by the petitioner claiming disability pension was dismissed. The petitioner was enrolled as a Soldier GD in the Bombay Engineering Group (BEG) of the Indian Army on 23.03.2004. The petitioner was found to be suffering from 'Catatonic Schizophrenia', when he was examined by the Specialist on 10.03.2005. Thereafter, he was boarded out on 27.04.2005. The claim of the petitioner for disability pension was rejected vide order dated 04.05.2006 and such order was affirmed in appeal on 27.07.2007. Both the orders were challenged by the petitioner before the Armed Forces Tribunal, which remained unsuccessful.

(2.) The argument of the learned counsel for the petitioner is that at the time of entry of the petitioner in the Indian Army, he was in the medical category 'AYE' and that no disease or injury had been noticed or recorded by the Medical Board, therefore, any disability during the period the petitioner was working in the Indian Army is deemed to be attributable to or aggravated by military service. Reliance is placed upon a Division Bench judgment of this Court in CWP No. 7277 of 2013 titled Ex. Naik Umed Singh v. Union of India and others,2014 176 PunLR 137 decided on 14.05.2014.

(3.) On the other hand, learned counsel for respondent Nos. 1 to 4 has pointed out that the petitioner has rendered only, 1 year, 1 month & 6 days of total service in the army and invalidating Medical Board on 17.03.2005 opined that the disease of the petitioner is not related to the military service. Reliance is placed upon the detailed opinion of the Lieutenant Colonel, Classified Specialist (Psychiatry) dated 10.03.2005, which shows that the petitioner was brought to psychiatric attention on 04.01.2005 and that he was found to be in delusion, acute depression and abnormal behavior.