ASHWANI KUMAR Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) This petition is taken up for hearing today itself. CM disposed of.

(2.) The petitioner was enrolled in the Air Force on 18.01.1988 after having been found medically fit. He was inducted into training as a recruit for the training of Radio Technician. The petitioner served both at filed and peace areas as also at the high altitude. The petitioner also participated in operation Vijay when he was attached with Madras Attachment Trivendrum Unit in the IPKF, in the year 1989. It is the case of the petitioner that while he was posted at Baroda (Gujarat), he suffered with some disease. He was admitted in the Military Hospital, Ahmedabad where he was declared as a case of Affective Psychosis. Ultimately, on 7.11.2003, the petitioner was brought before the Invaliding Medical Board which recommended the invalidation of the petitioner from the Air Force due to the disease Affective Psychosis. The petitioner was invalided out of Air Force Service on 9.2.2004 in permanent Lowest Medical Category Shape - 5 with 30% disability for life on account of disease Affective Psychosis. The petitioner made a claim for disability pension. However, his claim for disability pension has been rejected by the respondents vide letter dated 12.7.2005 (Annexure P-3) on the ground that his disability is neither attributable to nor aggravated by Air Force Service. The appeal filed by the petitioner before the respondents also stood rejected vide order dated 17.8.2006 (Annexure P-7. The second appeal also stood rejected vide order dated 20.8.2007 (Annexure P-8) On the same ground.

(3.) I have heard learned counsel for the parties. It is admitted case of the parties that at the time of recruitment, the petitioner was found medically fit and he had no such problem. The petitioner developed the problem after almost 16 years of joining the Air Force. This fact cannot he lost sight of that the Air Force service carries great stress and strains, particularly when the Air Force personnels are deployed not only during war, but even at the time of law and order problem and other natural calamities alongwith in the Border areas. Their life is Full of stress and strains. Such a disease is not unknown in such cases. It is also not recorded by the Medical Board that such a disease could not be detected at the time of petitioner's entry in the service. Similar issue came up before various Courts from time to time. Relying upon various judgments of this Court and of the Delhi High Court, a Division Bench of this Court in the case of A.J.S. Chaudhary v. Union of India and others,1991 1 RSJ 778 has held as under:-