JOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has filed this writ petition seeking quashing of Chief Controller of Defence Accounts Memo No. G -3/53/468/5/99 dated 23.08.1999 as also the appellate order issued by Ministry of Defence vide its Communication No. 7(1234)/2000/D (Pen.ANAC) dated 05.02.2001 declining grant of disability pension to the petitioner who had been boarded out from Army Service on April 09, 1998 after having served for more than fifteen years, besides seeking issuance of a writ of mandamus to the respondents to consider his case for payment of Disability pension along with the arrears and interest at the rate of 18% per annum.

(2.) THE undisputed facts arising out of the case may be stated thus: - 1) Petitioner was enrolled in Artillery 193 Field Regiment on January 06, 1983. He was invalided out from service w.e.f. April 10, 1998 under Rule 13 (3) item III (iii) of the Army Rules, 1954 due to the invaliding disease "AFFECTIVE PSYCHOSIS (MANIA) ICD -296". 2) The invaliding Medical Board held at 167 Military Hospital had, on February 20, 1998, viewed petitioners invaliding disability, which was less than 20% for two years, as neither attributable to nor aggravated by military service. 3) At the time of petitioners initial entry into Army Service he was not found suffering from any such disease for which he would be invalided out.

(3.) Petitioners case is that he had suffered from PSYCHOSIS due to stress and strain of the service which was attributable to and aggravated by the military service and was as such entitled to the grant of Disability pension.