SHAMSHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 27th of July 2000, this petition was admitted. On this date respondents were directed to file counter. It was also observed that if counter is not filed, objections would be treated as counter. Counter has not been filed. Objections have been treated as counter.

(2.) If the facts as given in the objections preferred by Union of India are taken into consideration, it becomes apparent that the petitioner was placed in Medical Category (EEE) by a duly constituted Medical Board. He was found to be suffering from Schizophrenia (295). He was, therefore, boarded out of service. His disability was assessed at 20%. The disease was detected as constitutional. The claim of the petitioner for grant of disability (pension) was submitted to the Chief Controller of Defence Accounts (Pension) Allahabad. The said authority has refused to grant the disability pension. This aspect is adverted to in paras "6 and 7" of the reply. For facility of reference these paragraphs are reproduced below :-

(3.) The question to be determined in this petition is as to whether a person who is boarded out of service on account of his having suffered from the disease of Schizophrenia is entitled to disability pension. The legal position in this regard be noticed.