DEVINDER SINGH [EX SEPOY NO 3385765] Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
Devinder Singh [Ex Sepoy No 3385765]
UNION OF INDIA
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J.P.SINGH, J. -
(1.) EX .Sepoy No. 3385765 Devinder Singh has appealed to this Court through his original side appeal, LPASW No. 168/2005, for setting aside
writ Court judgment dated 07.10.2005 in SWP No.2333/2000 and for grant of
disability pension to him.
(2.) FACTS , necessary for the decision of this appeal, may be stated thus: - -
The appellant joined army on 16.11.1985. He completed his training
but was thereafter discharged and invalidated out from service. His
request for grant of disability pension was rejected by the respondents
on 18.06.1991. He kept on making representations but to no affect. His
representation was finally rejected vide communication dated 29.05.2000.
Aggrieved by the rejection of his claim for grant of disability pension,
he filed SWP No. 2333/2000, which was rejected by a learned Single Judge
of this Court vide his judgment dated 07.10.2005.
(3.) APPELLANTS plea that he was subjected to medical examination at the time of his entry into service and no such disease had been detected
at the time of his entry, so the detection of 'Neurosis (hysterical
reaction) cannot, but, be attributed to military service, was rejected by
the learned Single Judge on the ground that in view of the opinion of the
Medical Board that the appellant was suffering from constitutional
disease, the finding of the Board could not be substituted or interfered
with because no material had been brought on records to suggest to the
contrary. Learned Single Judge while rejecting appellants plea held as
follows: - -
"The opinion of the Medical Boards constituted in the matter, who
have examined the petitioner and found him to be suffering from mental
ailments cannot be easily ignored, particularly, because, there is no
material, whatsover, available on record to suggest the contrary and the
Court cant substitute the unrebutted medical opinion by any other opinion
whatsover. That petitioners ailment was too complex to be determined by
the initial tests is shown by the fact that even the detailed
investigations conducted by Medical board could not reveal any physical
disability/disease in the petitioner. On detailed examination he was
found to suffer from dilusions hallucinations coupled with occasional
giddiness and other psychological complications. As per opinion of
medical board, the petitioner had a lurking suspicion in his mind that he
was administered something by one of his relations, which kept him
occupied and affected his personality in such a way as rendered him quite
immature in reasoning and thinking. That being so, the petitioner appears
to have been suffering from the constitutional disease as diagnosed by
the Medical board, even before his joining the army which does not appear
to be attributable to military service, as it does not appear to have a
casual connection therewith, and had nothing to do with the stress and
strain of the service."
The present appeal has arisen in the circumstances detailed hereinabove.;
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