PAWITTAR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This civil writ petition filed under Article 226/227 of the Constitution India prays for issuance of a writ in the nature of certiorari quashing Order dated (Annexure P-3) whereunder the claim the petitioner for disability pension has been rejected. The petitioner filed an appeal which has been rejected vide other impugned Order dated 18.5.2006 (Annexure P-9). The petitioner filed second appeal which has also been dismissed vide third impugned Order dated 11.10.2007 (Annexure P-12).

(2.) Contention of learned counsel for the petitioner, in brief, is that the petitioner was enrolled in Indian Army or 1.1.2002. When the petitioner was medically examined, he was found in good health. The petitioner, during the course of his service, served during 'Operation Parakram'. While the petitioner was serving in Halwara, he fell unconscious. The petitioner was given medical treatment. Finally, it was detected that the petitioner was suffering from 'Unspecified Psychosis'. The petitioner was brought before the Invaliding Medical Board on 6.8.2002. The disability of the petitioner was found to be 'Unspecified Psychosis'. The petitioner was despatched to his home under two escorts as he was suffering from a psychotic disorder. The disability of the petitioner was evaluated at 20%. The petitioner was invalided out of service on 18.9.2002 on the recommendation of the Invaliding Medical Board.

(3.) Under the impugned orders, the award of disability pension has been denied to the petitioner on the ground that the disability was neither attributed to nor aggravated by military service and was constitutional in nature, and not related to service.