KASTURI LAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Therefore, it can safely be concluded that the petitioner who was hale and hearty at the time of his enrolment and remained as such for about eight years of his active service, developed this disease during the course of his service and the same is held attributable to it.

(2.) Held, this petition is allowed. The malady of neurosis from which the petitioner suffered after about eight years of his active service and which led to his discharge from service, is held to be attributable to army service. As the disability of the petitioner has been assessed at 20%, he is held entitled to disability pension. The respondents shall release the disability pension in favour of the petitioner within a period of two months from the date, a copy of order is made available to them by the petitioner. The petitioner is also held entitled to arrears of the said pension three years prior to the filling of the present petition. The said arrears shall also be released within the period aforementioned. In case, the disability pension alongwith the arrears is not released as indicated above, then, the petitioner shall be entitled to interest @ 9% per annum on the arrears and this interest shall be payable by the person on whose account the delay occurs.

(3.) The case of the petitioner is that he was recruited as Sepoy in Indian army in the year 1971. At the time of his recruitment, which was done after proper medical check up by the concerned army authorities, he was found hale and hearty. It is stated that in the year 1978-79, when he was posted to ERE duty Abhor Mandi Punjab in 16 Inf. Division Camp, he developed the disease namely Neurosis, as a result of which, he was admitted to Military Hospital, Abhor Mandi, from where he was referred to Military Hospital, Chandigarh. As the petitioner's condition did not improve, he was thereafter referred to Psychiatric Hospital, Chandigarh, where he remained under treatment for about nine months. The petitioner thereafter was examined by the Medical Board and discharged from service on medical grounds on of Jan'80. The above disability of the petitioner was assessed at 20%.