Sunil Ambwani, J. - (1.) Heard Sri Kripa Shanker, learned counsel for the petitioner and Sri N.P. Shukla, Additional Chief Standing Counsel for respondents.
(2.) The petitioner was enrolled in Indian Army on 25.4.1991 and was invalided from service with effect from 6.5.1999 suffering with 'schizophrenia' after rendering 8 years and 12 days of service. The discharge order was passed under Army Rule 13(3) Table III (iii), 1954. The petitioner's claim for disability pension submitted to the office of CDA (Pension), Allahabad by the Record Office Army Medical Corps., Lucknow, dated 3.8.1999 was rejected vide letter of PCDA(P) Allahabad dated 22.11.1999 on the ground that the disability was neither attributable nor aggravated by Military Service. The petitioner's appeal has also been rejected by Government of India, Ministry of Defence, New Delhi vide its letter dated 12.12.2000. He has been paid Invalidated gratuity of Rs. 36,328/-, DCRG of Rs. 29,517/- for his qualifying service of 7 years and 364 days.
(3.) Learned counsel for the petitioner submits that the petitioner was medically fit at the time of his enrolment. His work and conduct was excellent. He took active part in the war during his service period and was in front line of attack. He was all along placed in medical category 'A'. During his posting at Meerut in the Hilly terrain, he suffered stress and strain of military service in long route marches, severe battle training involving horse racing at faster speed for a long distance. He spent sleepless rights night with all his equipment and developed a mental problem on account of which he was placed in a lower medical category and was sent to Pune where he was discharged from Army without any examination by Medical Board, placing him in medical category 'CEE'. It is contended that mental problem was attributable and was aggravated by Military service and that under Rule 173 of the Pension Regulations (Revised Addition), an individual who in invalided out of service on account of disability which is attributable or is aggravated by Military Service is entitled to disability pension to the extent of the disability element. The petitioners representation has been illegally and arbitrarily rejected.;