JAGAN NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was enrolled in J & K Light Infantry Regiment (Indian Army) on 25.09.1982. He was invalidated out of service on 23.12.1995 on medical grounds. The Medical Board, according to the petitioner, declared him as a case of "Depressive Disorder", assessed his disability as 40%, and placed him in a Medical Category EEE. He, immediately thereafter was boarded out; whereafter he approached respondents with an application for grant of disability pension. However, the respondents avoided to take any decision on his application and the representations filed from time to time till the petitioner was constrained to invoke, through the medium of petition on hand, writ jurisdiction of this Court. He seeks a Writ of Mandamus commanding respondents to grant him disability pension with effect from 23.12.1995 with interest @ 18% per annum. Petitioner's case is that he was hail and healthy, free from any disability or disease at the time of his enrolment in Army. He insists that the disease "Depressive Disorder", detected more than 13 years after he was enrolled, was clearly attributable to and aggravated by the Military Service. Petitioner, in the body of the petition, has referred to the Army Pension Regulations and in particular Regulation, 173 to reinforce his claim for disability pension.

(2.) It is further contended that respondents have rejected the claim of the petitioner without going through the record and opportunity of being heard was not given to the petitioner.

(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 was not entitled to disability pension. It is further stated that the petitioner was hospitalized number of times before his invalidating by Medical Board for the same disease but the Medical Board held at 167 Military Hospital on 14.11.1995 which was approved by ADH & Senior Advisor (PSM), HQ NC on 02.12.1995, considered the disease of the petitioner as constitutional in nature and neither attributable to nor aggravated by military service.