LAWS(J&K)-2009-3-11

SHAMSHER SINGH Vs. UNION OF INDIA

Decided On March 20, 2009
SHAMSHER SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) PETITIONER was enrolled in the Army in the year 1982. On completion of basic military training at Artillery Centre, Nasik road Camp, he was posted to unit for rendering further service. On 16. 10. 1995 he was admitted in Command Hospital (WC)Chandimandir and was discharged form there on 8. 11. 1995 for diagnosis "neurosis". The petitioner was placed in Low medical Category CEE (Temporary) for six months due to disease 'neurosis ICD-300' w. e. f. 6. 11. 1995. On his subsequent review, the petitioner was placed in Low Medical Category BEE (Permanent) w. e. f. 6. 5. 1999 and retained in service in the Public interest, being permanent Low Medical Category BEE (Permanent) for so long as his services were required. He was again admitted in Command Hospital ( WC) Chandimandir on 3rd Oct. 2000 and was discharged from there on 24th Jan. 2001. As per opinion of classified specialist ( Psychiatry) dated 1. 12. 2000 he was hospitalized with aggravation of his symptoms. Psychiatric evaluation revealed anxiety, depression and disturbed bio-drives. Response to the treatment was unsatisfactory due to which the medical authority did not recommend his retention in service, so he was declared unfit for further retention in military service. The petitioner was examined by the Medical Board who formed an opinion that the petitioner was having disability "neurosis (OLD) 3000,167 which is neither attributable to nor aggravated by military service and assessed percentage of disability @ 20% for two years. It was further opined by the invaliding Medical Board that the disability of the petitioner was a constitutional disorder and not connected with the military service. On the basis of the opinion formed by the invaliding Medical Board, the case of the petitioner was recommended to be invalided out of service in Medical category EEE i. e. permanent unfit for military service. As such the petitioner was invalided out of service w. e. f. 7. 2. 2001 with total qualifying service of 16 years 09 months and 28 days for which he was sanctioned service pension vide P. P. Order No. S/061175/2001 dated 18th Oct. 2001. The petitioner applied for disability pension but the same has been disallowed by the respondents on the ground that the disease with which he was suffering was neither attributable to nor aggravated by the military service but was constitutional in nature.

(2.) THROUGH the medium of the present petition the petitioner has prayed for writ of certiorari for quashing the order No. D-3/73/597/12/2001 dated 14. 3. 2002. He has further prayed for a direction to the respondents to grant disability pension to him and to fix and release such pension retrospectively w. e. f. the date the petitioner was discharged and boarded out from service on account of disability.

(3.) THE respondents have in their detailed reply stated that as per Regulation 173 of the Pension Regulations for the Army 1961, disability pension can be granted to an individual provided disability is viewed as either attributable to or aggravated by the military service and percentage of disability is assessed at 20% or above. Since the disease with which the petitioner was suffering was in the opinion of the Medical Board neither attributable to nor aggravated by the military service the petitioner cannot be granted disability pension under the said regulations. Heard. I have considered the matter.