DARSHANA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HUSBAND of the appellant late Pritam Singh (here -in -after referred to as the deceased) joined Army service in the year 1974. After serving for about nine years, the deceased was invalidated out of service on medical grounds on 22nd of Feb83. The disease from which the deceased suffered was said to be Schizhophrenia and the disability was assessed at 50%. The deceased was placed in Medical category CEE(P) and having declared as unfit to continue in service, he was as indicated above, invalidated out of service. After invalidation from service, the deceased represented to the authorities concerned for grant of disability pension on the ground that the disease from which he suffered occurred due to stress and strain of army service. The disability pension, however, was not sanctioned in his favour. The deceased thereafter died in the year 1996. After the death of deceased, the appellant also represented to the authorities concerned for grant of disability pension w.e.f. Feb83 upto 7th of Nov96 i.e. the date on which the husband of the appellant died but the respondents did not consider the request of the appellant. The appellant thereafter preferred writ petition SWP No. 634/01, claiming disability pension on behalf of her husband w.e.f. 22nd of Feb83 upto 7th of Nov96 and also sought family pension, which came to be dismissed by a learned Single Judge of this court vide impugned order dt. 8th of Dec06. It is against this order, the present appeal has been preferred.

(2.) THE respondent Union of India in the objections filed before the writ court had pleaded that the deceased was enrolled in the army w.e.f. 26th Feb74. It was stated that when the symptoms of the invaliding disability manifested the deceased was treated in military hospitals and after treatment he was placed in low medical category temporary (T) and was retained in service. On review of low medical category, the deceased was placed in low medical category (Physical) (Permanent) and was asked about his willingness to continue in service. On the basis of the unwillingness shown by the deceased, he was brought before the Release Medical Board and was discharged from service w.e.f. 23rd of Feb83 under Army Rule 13(3) item (III) (v) after rendering 8 years 11 months and 25 days of army service. The disability of the deceased was assessed at 50% for two years and the Medical Board had opined that the invaliding disability Investigation CNS (Seizure) V -72 for which the deceased was to be discharged is neither attributable nor aggravated by military service. It was stated that the disability pension claim of the deceased was forwarded to CDA(P) Allahabad vide office letter dt. 22nd Feb83 and the same was rejected by CDA(P) Allahabad vide letter No. 03/83/20140/IV -839 dt. 15th April83. The respondent -Union of India also pleaded in the objections before the writ court that as during the life time, the deceased never approached any court of law against the rejection of his claim for disability pension, therefore, the wife of the deceased (appellant herein) has no right to approach the court for grant of disability pension after 20 years of discharge from service of her husband. It was further pleaded that the appellant is also not entitled to family pension.

(3.) LEARNED counsel for the appellant has submitted that the deceased while serving in the army was posted in the Field area of Jammu and Kashmir and operational area of Binaguri. It is stated that due to extreme stress and strain of the army service while the deceased was posted in operational area of Binaguri, he developed mental illness and was admitted in Military Hospital, Binaguri and thereafter was referred to Military hospital Bag Dogra and was ultimately sent to Command hospital, Calcutta, where he remained under treatment in Psychiatric ward for about 9 months. The deceased was identified to be a case of "Schizchoprenia and was placed in medical category CEE(P) by the Medical Board held at Command Hospital, Calcutta and his disability was assessed at 50%. The Release Medical Board gave its opinion and declared the deceased unfit to be retained in military service. The deceased was thereafter transferred to Military hospital Binaguri in the year 1983 and ultimately invalidated out of service on 22nd of Feb83. It is thus submitted that as the deceased was hale and hearty when he joined the service and was not suffering from any such disease and as there was no mention of this fact that the deceased suffered from this disease at the time of his entry into service, the same would be deemed to have been occurred due to stress and strains of army service, and therefore, the deceased was wrongly denied the disability pension. Reliance in this regard has been placed on a judgment of this court reported in 1998(2) SCT 228, Col. M.L. Sethi v. Union of India.