YASH PAUL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Prayer in the instant writ petition is for quashing of order dated 09.05.2001 vide which the petitioner's claim for grant of disability pension was rejected by respondent No. 3. Prayer is also for issuance of directions to the respondents to grant disability pension on account of petitioner's disability having been assessed at 100% as also for issuance of directions to the respondents to conduct Resurvey Medical Board of the petitioner in order to assess his current disability. Brief facts of the case necessary for adjudication of the controversy involved in the writ petition are that the petitioner was appointed as Recruit/AT Driver in the Indian Army on 29.12.1992. After serving for 8 years and 5 months, the petitioner was discharged from service on medical grounds on account of suffering from illness "Other Non Organic Psychos" with effect from 31.07.2000. At that time, the petitioner was serving in No. 1 Training Battalion (AT Driver) A.S.C. Centre North Paharpur Gaya -5. A copy of the discharge certificate is attached with the writ petition as Annexure -A.

(2.) The case as set up by the petitioner is that in the year 1992, he was sent to Training Regiment Centre Army Supply (A.S.C.) Centre (North) Paharpur Gaya -5 where he successfully completed one year of training with outstanding performance and that he was not suffering from any kind of illness or disease. Elaborating further, it has been mentioned that in the year 1993, the petitioner was posted and transferred to 870 A.S.C. Company A.M.A. upto 1996 whereafter he was posted to 528 A.S.C. Battalion Motor Transport (M.T.) and remained posted in the said Battalion upto 1999. While the petitioner was posted in 528 Army Supply Corps Battalion Motor Transport (M.T.), the petitioner was assigned/deployed for Anti -Militancy duties which included the duties assigned to him along with Major G.S. Faria i.e. his Company Commander. The duties involved search for militants 24 hours a day without proper food and rest including 'Encounters' as a result of which, the petitioner suffered from lack of sleep, headache, loss in weight beside his appetite decreased, resultantly he suffered from mental illness which was identified as 'Other Non Organic Psychos'.

(3.) The claim of the petitioner is that he suffered from the aforesaid disease due to stress and strain of Military duties. In the year 2000, the petitioner was transferred to Army Supply Corps, Training Battalion (AT) A.S.C. Centre (North) Paharpur Gaya -5 where he was granted 10 days' casual leave. After availing leave, the petitioner reported back for duty while suffering from fever and was also suffering Mental illness and was taken to 170 Military Hospital Akhnoor and on reporting, A.F.M.S. 10 form was prepared and the petitioner was transferred to Northern Command Hospital Udhampur for 3 to 4 months and given Psychiatric Disease Treatment whereafter he was sent to his parent Unit i.e. A.S.C. Centre Paharpur Gaya -5. The petitioner was transferred to Military Hospital Danapur and was given Electric shocks for a period of 8 months. He was examined by the Medical Board as well as Psychiatric Specialist and his illness was identified as a case of Other Non 'Organic Psychos' and disability was assessed 100% by the Release Medical Board.