DEVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) APPOINTED in Indian Army on 16.11.1985 and discharged therefrom on 18.2.1989 on the ground of certified disability, the petitioner claims that he was entitled to disability pension in terms of rules governing army service, which have been denied to him despite demands and hence this petition for issuance of certiorari to quash original and appellate orders of rejection of his claim to disability pension; and mandamus directing respondents to grant disability pension in his favour, as aforesaid. Grounds pleaded are that at the time of his recruitment into military service he was physically fit, and found so by the concerned medical team, but during his service he was overburdened with work, which, as a disciplined soldier, he never shirked, due to which he suffered the disability due to which he was shown out despite the fact that the same was suffered during military service, in lieu whereof, he was entitled to disability pension in terms of rules governing the matter, which was denied despite his request and appeal to the contrary and that too without application of mind by the concerned authorities.

(2.) IN their reply filed through memo of objections, the respondents have, besides pleading laches on petitioners part in filing writ petition, also pleaded that even though at the time of his induction in Army the petitioner was subjected to medical examination, but the said examination was not elaborate enough to detect petitioners disease of neurosis (hysterical reaction) and it was only after completion of his training that he was hospitalized in Army Hospital Gwalior with complaint of fits occurring after intervals. On questioning by concerned medical officer, he reportedly revealed that he was suffering from fits and hallucinations prior to his induction in Army also, during which he got drowsy and suffered giddiness and diminishing vision and "saw a Sain Baba" approaching him etc., due to which he was ultimately referred to Neuro Physician, Command Hospital at Lucknow, where he was diagnosed as a patient of neurosis and because of his persistent neurotic symptoms refractory to treatment, he was considered unfit for continuation in military service, because disablement suffered by him was to the extent of 20% not attributable to military service, and was discharged after having been certified as unfit by a duly constituted invalidating medical team, before whom he was brought for examination. It has also been pleaded that petitioners disability being a constitutional disorder not related to military service, his claim for disability pension was rejected, against which he filed an appeal on 27.10.1989, which too did not find favour with the competent authority on the ground that there was no evidence of service factors contributing to petitioners disablement due to neurosis, as aforesaid, or its aggravation due to military service and he was ultimately discharged and the invalidated gratuity of Rs.3528/ - remitted to him.

(3.) DURING course of arguments the counsel appearing for rival sides have reiterated and further elucidated their respective pleadings with specific references to annexures and also quoted certain judgments to substantiate their submissions, which, if necessary, would be discussed in due course.