HAV RAM MEHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as a member of the Indian Army on 5.1.1976 after having been subjected to the prescribed medical test and found fit in all respect. He continued to serve the Army. Unfortunately, the petitioner suffered Paranoid Schizophrenia in the year 1992 and remained hospitalised in the Military Hospital, Dehradun from 1.7.1992 to 6.7.1.992 due to depression. There he was placed under Low Medical Category. The ailment of the petitioner did not recover but the same was aggravated and finally the Army authorities discharged the petitioner from Army on 23.3.1993. The petitioner was placed in Medical Category of "EEE" i.e. the lower medical category and his disability was assessed by the Medical Board concerned more than 60%. The petitioner requested for grant of disability pension, which was recommended by the Unit Incharge and all relevant papers were forwarded to respondent No. 3, who vide his letter dated 6.5.1994 rejected the request, which was conveyed to the petitioner, vide order dated 11.1.1995. The petitioner also preferred an appeal against the order dated 11.1.1995, which, too, met the same fate and was rejected by the Appellate Authority vide its order dated 6.11.1996 giving rise to the present writ petition.

(2.) Upon notice, the respondents filed a detailed reply. The facts are hardly in controversy. In paragraph 1 of the preliminary objections, the respondents have stated as under:-

(3.) Another document that needs to be referred to at this stage is the order dated 6.11.1996 issued by the respondents to the petitioner. They took up the plea that the disease was related to bodily structure. The relevant part of the said order runs as under:-