KULDIP SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The writ petition is taken up for final disposal today itself. CM disposed of. CWP No. 12133 of 2009

(2.) The petitioner was enrolled in the Army on 15.11.1979 after having been found medically fit. The petitioner was sent for training of Infantry Soldier G.D. After completion of training the petitioner was made a Sepoy and was allocated to 7 Sikh which was stationed at Dharamsala. The petitioner was promoted to the rank of Naik and Havildar. Unfortunately, in the year 1994, the petitioner suffered stress and strain which resulted in the disease of anxiety etc. The petitioner was downgraded to the medical category 'BEE' (Temporary) for six months by the Medical Board and after six months, the re- categorisation medical board downgraded the petitioner to the permanent low medical category 'BEE' (P) from 24.4.1995. Ultimately, the petitioner was brought before the Invaliding Medical Board which recommended invalidation of the petitioner from the Army due to the disease Anxiety and Sexual Inadequacy in the Permanent Low Medical Category 'BEE' with 30% disability. The petitioner was invalided out of Army service on 30.4.1996. The claim of the petitioner for disability pension was rejected by the respondents vide letter dated 31.1.1997 (Annexure P-6) on the ground that the disability suffered by the petitioner is due to functional disorders and is not attributable to or aggravated by military service.

(3.) In the present case 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 during the Army service. This fact cannot be lost sight of that the Army service carries great stress and strain, particularly when the Army personnals 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 stains. 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 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 Vs. Union of India and others, 1999 (1) RSJ 778 has held as under:-