UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE, 10-A NEW DELHI, THE CHIEF CDA Vs. KULDEEP K. VERMA SON OF SHRI S.N. VERMA

JUDGEMENT

(1.) THIS appeal by the Union of India is directed against the judgment of a learned Single Judge dated 16th March, 2007, whereby he allowed CWP No. 51 of 2002 and held that the original writ petitioner Kuldeep K. Verma was entitled to grant of disability pension. The respondent (herein petitioner) was enrolled in the Indian Army as a Sepoy on 28th August, 1995. After completion of his training at Faizabad (UP), he was posted to 7 Dogra w.e.f. 10.7.1996. His Unit was posted at Secunderabad and while he was serving there, the petitioner was admitted to the Military Hospital, Secunderabad on 24.2.1998 and diagnosed as a patient of "Psychiatric Observation". His medical category was downgraded to "BEE (Temporary)" for six months w.e.f. 5.3.1998 and he continued in low medical category till 1998.

(2.) THE petitioner was again admitted to 170 Military Hospital on 16th October, 1998 and further transferred to Command Hospital (Northern Command) on the same day. He was treated as a patient of "Unspecified Psychosis 298" and remained under constant treatment in the Command Hospital (Northern Command). The Classified Specialist (Psychiatry) of Command Hospital (Northern Command) in his opinion dated 11th April, 1999 opined that despite prolonged and adequate therapy the petitioner had not shown satisfactory response and therefore, could not be recommended for further retention in service. His medical category was downgraded to "EEE". Thereafter the petitioner was brought before the Invaliding Medical Board on 9th April, 1999 at Command Hospital (Northern Command) and it was recommended that he be invalided out of army service on the ground that he suffered from "Unspecified Psychosis -298". His disability was assessed at 30% for five years and was found to be neither attributable to nor aggravated by nor connected with military service. Thereafter, the petitioner was invalided out of military service w.e.f. 12th May, 1999.

(3.) WE have heard Mr. Sandeep Sharma, learned Assistant Solicitor General of India for the appellant and Ms. Sunita Sharma, learned counsel for the petitioner.