JANKI DEVI Vs. UOI

JUDGEMENT

(1.) The petitioner's son-Shri Om Parkash enrolled as Rifleman/Clerk in Indian Army on 25th May, 1977 and allotted No. 13740264, after serving in Indian Army for more than five years, the petitioner's son was discharged from service on 15th August, 1982 on medical grounds under medical category 'E'. The Army Medical Board found Shri Om Parkash to be suffering from "SCHIZOPHRENIA 295" and not fit for further services of Armed Forces. He was, accordingly, invalided out of service on 16th August, 1982 under Army Rule 13(3) item III (iii). The Medical Board also opined that the disability found was not related to military service and was a constitutional disorder. Accordingly, Shri Om Parkash was not granted disability pension being not eligible for such benefit in terms of para - 197 & 198 of Pension Regulation for the Army 1961 (Part I). However, Invalid Gratuity of Rs. 1,742.55 (Rupees one thousand seven hundred forty two and fifty five paise only), Terminal Credit Balance and some other benefits were granted to the petitioner's son. Notwithstanding his ineligibility for grant of disability pension, a claim was forwarded to the Pension Sanctioning Authority-Principal Controller of Defence Accounts Pension (PCDA) (P) Allahabad vide No. C2/17440264/Pen dated 26th July, 1982. The Authority did not find any merit in the claim, and the decision was communicated to Shri Om Parkash vide No. C2/13740264/Pen/17 dated 18th October, 1982. He preferred an appeal against the aforementioned order to the Government of India, however, the Government of India did not find any reason to alter the decision of PCDA (P) Allahabad and dismissed the appeal. A second appeal was preferred to the Defence Minister's Appellate Committee without any success. The petitioner pleading that her son was suffering from psychiatric disorder and having no mental capacity to agitate his rights, has filed writ petition on hand to question the order of Principal Controller of Defence Accounts (Pension), PCDA (P) Allahabad dated 26th July, 1982, whereby claim for disability pension has been rejected.

(2.) The petitioner's case is that as her son at the time of his enrollment in Indian Army was found by the Medical Board to be physically and mentally fit and recommended for enrollment, the ailment that surfaced five years after his enrollment is attributable and aggravated by Army service. The petitioner disputes that the ailment detected, i.e. "SCHIZOPHRENIA" (Catatonic) 295 is a constitutional disorder, disentitling the petitioner from disability pension. The petitioner insists that her son is entitled to disability pension under Army Pension Regulation 173, inasmuch as, he was boarded out from service on account of disability and in terms of Appendix II to Pension Regulations, the disease that leads to discharge of an individual is to be ordinarily deemed to be related to Army service.

(3.) The writ petition is resisted by the respondents on the grounds that as the disability detected was found by Army Medical Board to be neither attributable nor aggravated by military service but a constitutional disorder, the petitioner's son was not entitled to disability pension. The respondents dispute that Army Pension Regulation 173 or Para 181 of Pension Regulation was attracted in the matter. It is reiterated that the petitioner's claim having been rejected by PCDA (P) Allahabad, and, thereafter, his first appeal and second appeal found bereft of any merit, the petitioner had no right to maintain the petition.