NASIB SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army on 28.8.1971. At the time of his enrolment, he was in category 'AYE'. After rendering 15 years 9 months and 11 days service he was discharged from the Army on 22.5.1987. All along this period, petitioner remained in category 'AYE' and was declared fit for re-enrolment into DSC. The petitioner was re- enrolled in DSC on 16.6.1990. While on casual leave he fell sick on 15.2.1992 and was admitted in Military Hospital, Jalandhar Cantt. He was diagnosed as a case of Affective Psychosis (Mania) and on the recommendations of the Invaliding Medical Board he was invalided out on 13.08.1992 being in low medical category 'EEE' with 40% disability. He applied for grant of disability pension. However, vide P.C.D.A. (P) letter dated 17.09.1993 he was intimated that his disability is neither attributable nor aggravated to the military service and he is not entitled to disability element of pension. This order was served upon the petitioner through letter dated 7.10.1993. The petitioner preferred an appeal, which also came to be rejected vide letter dated 7.5.1996. The petitioner has accordingly filed the present petition.

(2.) Even though the respondents have filed the reply reiterating the stand in the rejection order. However, at the time of hearing, it is agreed to by learned counsel for the parties that the controversy is covered by a Division Bench judgment of this court, passed in C.W.P. No. 7323 of 2007 on 4.12.2007 wherein following directions have been issued :-

(3.) Learned counsel for the petitioner placed reliance on Delhi High Court judgment (Ex-Sepoy Gopal Singh Dadwal v. Union of India and Others, 2007 1 SLR 616) and a Division Bench judgment of this Court in Tarsem Singh v. Union of India, 2007 3 SLR 442. For the sake of repetition, we may add that there is nothing on record to show that petitioner was suffering from schizophrenia at the time of his entry into army service nor the said disease was ever detected in various medical check-ups conducted during the course of army service spanning over 11 years. Petitioner developed the disease only in the year 1992, whereas, he joined the army service in the year 1981. He remained posted at different places including the high atitudes areas, therefore, the onset and aggravation of the disease can well be attributed to the army service conditions.