RAMPAL SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was enrolled in Indian Army on June 5, 1969. At the time of enrolment he was assessed in medical category "A". The petitioner's father died on June 27, 1969 and he applied for leave to perform religious ceremonies being eldest son and to be with his widow mother but leave was not granted, he was not even granted out pass to go out of unit, which added to his tress and strain. The petitioner suffered an Injury on July 8, 1969 while doing training for which an injury report was prepared. Due to the injury the petitioner suffered from stress fracture of left tibia and admitted in Military Hospital Golkunda on July 14, 1969. After the injury his left leg above knee was put in POP and he felt giddiness and chest pain and observed to be behaving abnormally during hospilisation and he was referred to Psychatrist and transferred to Military Hospital Secunderabad. He returned back to Military Hospital Golkunda on Aug. 26, 1969 and invalided out of service on Dec. 3, 1969 in lowest medical category E due to stress fracture Upper ⅓rd Left Tibia and Schizopherenic Reaction and dispatched to his home under escort.

(2.) The petitioner averred In the writ petition that he was in his normal health prior to onset of the illness, he did not suffer from any previous Illness, the disability did not exist before entering the service, the disability was not due to either his negligence or misconduct, the disability Stress Fracture Upper ⅓rd Left Tibia was attributable to service as the injury was sustained during training but the Medical Board did not indicate the percentage of disability for it, the disability Schizopherenic reaction was aggravated by service and assessed as 30% and he was recommended for grant of pension admissible under the rules by the Invaliding Medical Board as per AFMSF 81 dated Sept. 22, 1969 and Oct. 20, 1969. The CCDA (P) arbitrarily rejected the disability Schizophrenic Reaction without even communicating this fact to the petitioner or even informing him to appeal against this and accepted disability Stress Fracture Upper Lt. Tibia at 20% for 2 years as aggravated by Military Service and granted disability pension to the petitioner @ Rs. 40.00 per month from 3.12.1969 to 21.10.1971. The petitioner was brought before the Resurvey Medical Board on Jan. 15, 1973 for reassessment of percentage of his disability "Stress Fracture Upper Lt. Tibia. The petitioner's disability was arbitrarily accepted by the CCDA (P) as Nil % final and his disability pension discontinued with effect from Jan. 15, 1973. The first appeal preferred by the petitioner was rejected vide letter dated June 19, 1974. The petitioner averred in the writ petition that still he suffers from Scizophrenic Reaction as well as Stress Fracture Upper ⅓rd Lt.Tibia as he gets pains in his left leg arid cannot use it in normal manner and his disability cannot be less than 20% but erroneously the Resurvey Medical Board was not asked to assess the percentage of his disability Schozophrenic Reaction and his disability arbitrarily discontinued with effect from January 15, 1973. As the petitioner was totally insane and considered even unfit to handle his own money and could not submit the appeal in time as brought out in letter dated Sept. 25, 1971. The petitioner averred that as soon as his mental condition improved he submitted petition dated April 11, 1994, legal notice dated April 26, 1995 did, appeal dated Sept. 5, 1995, Feb. 14, 1996, for restoration of his pension. The respondents arbitrarily, illegally and unjustly rejected his case vide letter dated June 17, 1997. After exhausting all the remedies the petitioner filed the present writ petition on July 7, 1997.

(3.) The respondents are stated to have filed the reply to the writ petition but the same is not available on record, hence they have been directed to the copy of the same. As per the reply supplied by the respondents, it is averred that the duly constituted Invaliding Medical Board on Oct. 28, 1969 had viewed the disability 'Schizopherenic Reaction (295) as neither attributable to nor aggravate by military service and opined that it is a hereditary and endozenous disease not connected with service and the Board rendered a certificate stating that the attributability/aggravation factor of the disability Stress Fracture Upper ⅓rd Lt. Tibia Is required to be decided by the Pension Sanctioning Authority. The composite assessment of both the disabilities was assessed at 30% for duration of one year by the Board. The Chief Controller of Defence Accounts (Pensions) Allahabad In consultation with the their Medical Advisors on pension had rejected the disability Schizopherenic Reaction (295) and accepted the disability Stress Fracture Upper ⅓rd Lt. Tibia as aggravated by military service at 20% for the duration of two years from 3.12.1969 to 27.10.1971 for which the petitioner was granted disability *pension vide Pension Payment Order No. D/36004/71. In the subsequent Resurvey Medical Board held on Jan. 15, 1973 the percentage of disability was assessed at less than 20 (NIL per cent) The CCDA(P) discontinued the disability pension from Jan. 15,1973. The first appeal preferred by the petitioner against the decision of the CCDA (P) was also rejected by the Ministry of Defence under their letter dated June 19, 1974. The petitioner failed to prefer second appeal within the stipulated period and all representations received either direct from him or through the higher authorities were suitably replied explaining the factual position of his case from time to time. The filing of writ petition after a lapse of over 22 years from the date of discontinuation of his disability pension is hopelessly time bared. The respondents averred that the writ petition having been filed after an inordinate delay is thus suffered from delay and [aches and the same is liable to be dismissed. I have given my anxious consideration to the rival submissions.