V.K. Jhanji, J. - (1.) PRESENT writ petition filed by Ex -Sepoy Kaur Singh is for quashing of orders dated 4.12.1996 and 15.5.2000 whereby his claim for disability pension has been rejected. Prayer has also been made for grant ability pension and invalid pension and other benefits.
(2.) IN brief, the facts are that on 29.7.1985 petitioner was enrolled in Army as Sepoy. He was discharged from Military Service on 19.5.1995 i.e. after rendering service for 9 years 9 months and 20 days on medical grounds. Petitioner applied for disability pension but vide letter dated 4.12.1996 he was informed that disability pension cannot be granted as the case of invalidating him was neither attributable to nor aggravated by Military service. Aggrieved of the same, petitioner filed appeal which was rejected and decision in this regard was conveyed to the petitioner vide letter dated 15.5.2000. According to the petitioner, at the time of enrolment in Army, he was fully fit and no note whatsoever was recorded to the effect that the petitioner was suffering from any disease. Further, according to the petitioner, in January, 1993 while performing his duties, he fell ill and was admitted to 176 Military Hospital, Ganganagar (Rajasthan). The disease of the petitioner was diagnosed as ANXIETY NEUROIS and Medical Board downgraded his medical category to category BEE for six months. In March, 1995, the Medical Board downgraded petitioner's medical category to 'EEE" and recommended that he be invalidated out of service on medical grounds with more than 30% disability. He was diagnosed as a case of 'NEUROSIS' and CMS (INV) Seizure. Petitioner submitted that orders of the respondents rejecting his claim are totally illegal and liable to be set aside. Upon notice of the writ petition, respondents in their written statement have admitted that petitioner was enrolled in the Army on 31.7.1985 and after completion of basic military training at The Sikh Regimental Centre, he was posted to 4th Battalion The Sikh Regiment. Petitioner was initially admitted for Psychiatric evaluation at Army Hospital, Delhi Cantt. in January, 1993 with episodes of short lived abnormal behaviour of talking irrelevantly and aimlessly wandering since August, 1992 while serving with Sikh Regimental Centre, Ramgarh Cantt. Further, according to the respondents, petitioner had similar episodes in August, 1992, December, 1992 and January, 1993. Petitioner was examined and investigated in detail by Neurophysician and Psychiatrist. All relevant investigations including EEG, CECT were within normal limits. Psychiatric examination and observation revealed no evidence of Psychosis Organic Brain Impairment. However, petitioner was placed in medical category CEE (Temporary) for Surveillance for 1. CNS (INV) Seizure, 2. Psychiatric Observation with effect from 24th February, 1993 and was advised to take medicines. During the review in September, 1993 petitioner reported recurrence of such transient episodes of abnormal behaviour which was considered to be fuge state by Neurophysician. Psychiatric examination showed no significant abnormality. Petitioner was placed in medical category BEE (Temporary) for 6/12 years for both the disabilities with effect form 13.9.1993, Petitioner's case was, however, reviewed in April, 1994 and was retained in same low medical category for another six months. In September, 1994, petitioner was admitted in 92 Base Hospital for recategorisation where his medical category was reviewed and upgraded to Medical Category 'AYE' for Psychiatric Observation but was downgraded to medical category BEE (Permanent) for the disease CNS (INV) Seizure with effect from 15.10.1994 and petitioner was sent to his Unit on 17.10.1994.
(3.) FURTHER , according to the respondents, because of repeated hospitalisation and frequent episodes, Medical Board in its meeting held on 10.4.1995 recommended his discharge from the Army. Accordingly, petitioner was invalidated with effect from 17.5.1995. Degree of disabilities for both the disabilities of the petitioner i.e. NEUROSIS & CNS (INV) SEIZURE was assessed at 30% for 2 years as psychological/constitutional disorders respectively not connected with military service. Respondents have thus stated that the orders passed in the case of the petitioner rejecting his claim for disability pension are legal and not liable to be interfered with in writ jurisdiction.;