BHAGWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, a challenge has been made to the orders dated 21. 8. 1996, 16. 10. 1998 and 17. 4. 2000 whereby and whereunder the petitioner's request for grant of disability pension was declined. Prayer of the petitioner is to seek disability pension w. e. f. 8. 3. 1986 along with interest and compensation of Rs. 1,50,000/ -.

(2.) IT is contended that the petitioner was enrolled in Army on 24. 12. 1994 in medical category `a' as he was fully fit and did not suffer from any disease. The petitioner was thereafter invalided from services w. e. f. 7. 3. 1996, after determining him in medical category `e' due to Affective Psychosis with 40% disability. Petitioner's disability pension claim was rejected firstly vide order dated 21. 8. 1996 on the ground that the petitioner's disability is neither attributable to nor aggravated due to military services. Petitioner preferred an appeal against the aforesaid order, but the appeal thereupon was also rejected. Petitioner thereafter preferred another appeal to higher authority, but the said appeal was also rejected.

(3.) THE case of the petitioner is that the disease of Affective Psychosis is due to stress and strain of military services, thus as per Rule 173 of the Regulation, the matter is required to be examined regarding the claim of the petitioner. For ready reference, Regulation 173 is quoted hereunder:- &nbsp&nbsp&nbsp&nbsp&nbsp" Regulation - 173: Unless otherwise specifically provided, a disability pension may be granted to an individual who is invalided from service on account of disability which attributable to or aggravated by military service and is assessed at 20% or over. THE question whether a disability is attributable to or aggravated by military service shall be determined under the rules in Appendix-II. "