DEERAJ MEHRA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Through the medium of present petition, the petitioner seeks following relief:

(2.) Case of the petitioner is that he was enrolled in the Indian Army after successfully completing all the physical and medical examinations/tests. The admit card was issued to the petitioner on 30.01.2005 by the Army Authorities and accordingly, the petitioner was admitted in the roll of the army vide no: 4008026H. Learned counsel for the petitioner submitted that at the time of entering the service he was physically fit and had no disability or disease of any type. The petitioner remained performing his duties with the army upto his discharge. The petitioner sent for undergoing training course. During training, the petitioner was shifted to Army Hospital Lucknow where he remained under treatment and was discharged as a patient of acute schizophrenia-like psychotic disorder (1MB) and accordingly invalidated from service on 16.11.2005. A medical board constituted in this regard was of the opinion that "a case of acute schizophrenia- like psychotic disorder. Hospitalized for Psychiatric Evaluation. Psychiatric Evaluation revealed poor self care, silly and inappropriate smile, posturing negativism, irrelevant speech, hallucinatory behaviour and delusions of persecution and control. He has been treated with antipsychoric, ECT (8) and supportive measures. Have shown a satisfactory response to treatment. Recommended low medical category S-5 to invalidated out of service in LMC S5 H1 A1 P1 E1.

(3.) It is contended by the petitioner that vide communication dated 18.10.2005, a civil employment certificate was issued in favour the petitioner by observing that the disability of the petitioner will not interfere with the civil employment and opinion of the medical board while issuing the civil employment certificate contravenes and contradicts the medical board opinion which has been made basis for invalidating the petitioner from service on medical grounds. While discharging the petitioner, the commutation of pension was also issued in favour of petitioner and as such the case was recommended for grant of commutation pension along with the certificate to be signed by the relatives of the petitioner. It is further contended that case of the petitioner has been suo moto recommended by the army authorities vide communication dated 26.02.2006 to PCDA (P) Allahabad. The PCDA (P) rejected the disability pension on the ground that the invalidation of the petitioner from service was neither attributable nor aggravated to the military service. This rejection was not communicated to the petitioner, as such, the petitioner filed a petition to PCDA(P) Allahabad vide communication dated 20.02.2007. The PCDA (P) Allahabad communicated the petitioner that his case has been rejected as he has been invalidated from service which is neither attributable nor aggravated to the military service. Against the rejection of disability pension, the petitioner filed an appeal to the appellate authority. The appeal of the petitioner was also rejected on the ground that the disability is neither attributable nor aggravated to the military service.