UNION OF INDIA Vs. SIKANDER SINGH

JUDGEMENT

(1.) The Petitioner-Respondent was enrolled in the Indian Army on 28.02.1991. During the course of his service in the army, he mishandled his loaded weapon of which he was found to be negligent, as a result of which, he suffered 14 days rigorous imprisonment.

(2.) Accidental shot fractured his right foot, as a consequence of which, he was down-graded to low medical category CEE (T) from 16th December, 1997. The Petitioner-Respondent was brought before the Release Medical Board on 21st October, 2000. The Board after examining the Petitioner-Respondent found that he was suffering from the following disabilities:

(3.) After his discharge, the claim of the Petitioner-Respondent for grant of disability pension was forwarded to the Chief Controller of Defence Accounts (Pension) Allahabad, who rejected the same vide his communication dated 26.07.2001. This order was subject matter of challenge in SWP No. 2952/2001. The writ court after hearing the parties found that the Petitioner-Respondent suffered from essential hypertension, which was assessed at 30%. He was discharged in the exercise of power conferred under Army Rules Rule 13(3) Item III(v). The writ Court found that the hypertension was a disease, which could occur on account of hazards of military service. Reliance has been placed on various judgments of this Court indicating that it is the environment to which a person is subjected to, the diseases like mental stress, depression and high blood pressure occur.