BALDEV SINGH Vs. UNION OF INDIA, SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS

JUDGEMENT

(1.) Challenge in this petition filed under Articles 226/227 of the Constitution of India is to the orders rejecting the disability pension claim of the petitioner.

(2.) Brief facts of the case are that the petitioner was enrolled as a Soldier in the Indian Army on January 03, 1997. While undergoing basic military training at the Sikh LI Regimental Centre, he complained of having headache. The case of the petitioner is that while he was undergoing rigorous military training in the month of July, he had fallen on the ground because of intense heat and excessive fatigue. Thereafter, he was got admitted in Military Hospital, Fatehgarh Cantt on March 07, 1997. He was later on transferred to Command Hospital, Lucknow on March 15, 1997. He was diagnosed to have 'schizo affective disorder (ICD-295)'.

(3.) The petitioner was invalidated from military service with 30 per cent disability for two years. The proceedings of Invalidating Medical Board were accepted by the competent authority on December 05, 1997.