EX. SEPOY DEVINDER SINGH Vs. UNION OF INDIA (UOI) AND ORS.
LAWS(J&K)-2006-8-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 07,2006

Ex. Sepoy Devinder Singh Appellant
VERSUS
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

J.P. Singh, J. - (1.) EX . Sepoy No. 3385765 Devinder Singh has appealed to this Court through his original side appeal, L.P.A. S.W. No. 168/2005, for setting aside writ Court judgment dated 7.10.2005 in S.W.P. 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 18.6.1991. He kept on making representations but to no effect. His representation was finally rejected vide communication dated 29.5.2000. Aggrieved by the rejection of his claim for grant of disability pension, he filed S.W.P. No. 2333/2000, which was rejected by a learned Single Judge of this Court vide his judgment dated 7.10.2005. Appellant's 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 for 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.
(3.) LEARNED Single Judge while rejecting appellant's 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, whatsoever, available on record to suggest the contrary and the Court cannot substitute the unrebutted medical opinion by any other opinion whatsoever. That petitioner's 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 delusions hallucinations coupled with occasional giddiness and other psychological complications. As per opinion of Medical Board, the petitioner had alurking 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.;


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