SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition was filed by Shri Sanjay Kumar through his father and natural guardian Shri Gupat Ram. On his death, the petition was being persued by Shri Kashmir Singh, brother of the petitioner. The guardian was pursuing the litigation on behalf of the petitioner since the petitioner was suffering from Schizophrenia and unable to look after his interest.

(2.) BRIEF facts of the case are that the petitioner was enrolled in the Indian Navy on 3.7.1990 as SEA-I. According to him, he was medically fit at the time when he joined service and no physical or mental disability was found in the petitioner. He was subjected to a thorough medical examination. Petitioner submits that after enrollment in the Indian Navy, and completing his training, he served at Bombay, Cochin, Dubai and Goa. During his service, he became mentally unfit and was admitted in a Military Hospital Kirkee at Pune, where he was treated for Schizophrenia. He was in hospital w.e.f.

(3.) THE allegations of the petitioner to the effect that he was suffering from Schizophrenia have remained un-rebutted. Rejection letter placed on record by the petitioner, does not in any manner establish that the petitioner had contacted a disease before entering military service. Repeated opportunities having been given to the respondents to file the reply for a period of more than five years, have remained unheeded. In these circumstances, the submissions which have been made in the writ petition have to be accepted. The rejection Annexure P-2 is mechanical and does not show any application of mind. This Court while dealing with the grant of disability pension in CWP No.742 of 2003, Titled: Santosh Kumar vs. Union of India & Ors. along with other connected petitions, has specifically held: