Swatanter Kumar, J. - (1.) THIS petition has been filed by Mrs. Harsharan Kaur for and on behalf of her husband Shri Balbir Singh, who is stated to be of unstable mind and is even presently under treatment, under Articles 226/227 of the Constitution of India, for quashing of an order dated 8.2.1993 and 9.8.1996 Annexures P/2 and P -3 to the petition vide which her husband was denied the disability pension. However, claim of invalid gratuity and death -cum -retirement gratuity was allowed by the CCDA (P) Allahabad vide the same order.
(2.) PETITIONER was enrolled as a member of the Indian Army as Sepoy in the corps of Signals on 27.9.1982. He served in different units at different places. Somewhere on 3.4.1989 he had fallen from the stairs and suffered a fracture of ankle and sustained other injuries Prior thereto he was treated in the Army Hospital for Myalgia Chest. Thereafter he was transferred to field job in August, 1989. He was awarded seven days punishment at Jabalpur in March, 1991. He left the place of duty without leave. He fell sick at home and thereafter was treated at Army Hospital, Patiala and then at Command Hospital, Chandi Mandir and was finally discharged from Army on medical grounds as suffering from Schizo Affective Psychosis on 20.5.1992. He submitted his claim for grant of disability pension on 19.10.1992 vide Annexure P/1 to the petition which was rejected vide Annexure P/2 on 8.2.1993. The wife of said Balbir Singh preferred on appeal on 5.9.1994 which was also rejected vide order dated 9.8.1996. It may be mentioned at the very outset that two different reasons were given for rejecting the grant of disability pension to the petitioner vide two different orders. Petitioner was enrolled as a member of the Indian Army as Sepoy in the Corps of Signals on 27.9.1982. He served in different units at different places. Somewhere on 3.1.1989 he had a fall from the stairs and suffered a fracture of ankle and sustained other injuries. Prior thereto he was treated in the Army Hospital for Myalgia Chest. Thereafter he was transferred to field job in August, 1989. He was awarded seven days punishment at Jabalpur in March 1991. He left the place of duty without leave. He fell sick at home and thereafter was treated at Army Hospital, Patiala and then at Command Hospital, Chandi Mandir and was finally discharged from Army on medical grounds as suffering from Schizo Affective Psychosis on 20.5.1992. He submitted his claim for grant of disability pension on 19.10.1992 vide Annexure P/1 to the petition which was rejected vide Annexure P/2 on 8.2.1993. The wife of said Balbir Singh preferred an appeal on 5.9.1994 which was also rejected vide order dated 9.8.1996.
(3.) IT may be mentioned at the very outset that two different reasons were given for rejecting the grant of disability pension to the petitioner vide two different orders. In the order dated 8.2.1993, reason given for rejecting the claim of petitioner's husband for grant of disability pension is as follows : - "Your disability pension claim has been finally rejected by CCDA (P) Allahabad the pension sanctioning authorities, vide their letter No. G -3/57/734/10 - 92/Signals dated 15th Jan. 93 as it has been decided that disability viz Schizo Affective Psychosis from which suffered during service in the Army on which your claim in based - (A) is not attributable to military service; (B) does not fulfil the conditions namely that is existed before or arose during military service and has been remained aggravated thereon. (C) is attributable or aggravated by service assessed as less than 20% (i.e.....for.....years). You would be brought before the survey medical board. You should therefore intimate your postal address and nearest railway station to (his office by...... Therefore, you are not entitled for any disability pension under rules." However, in the appellate order dated 9.8.1996 different reasons were given for rejecting the claim which reads as under : - "Your husband was released from service on account of invaliding disease (ID) Schizo Affective Psychosis. The disability on account of which your husband was released from service is a constitutional disorder. On perusal of my husband's service/Medical documents, the Appellate Medical Authority has found that the on set off ID was in April, 1991 at his native place while he was on AL. There was no field service in close time relationship to onset off ID. There was no delay in diagnosis and treatment. There is no evidence of any service aggravating factors. There was no head -injury or service debilitating illness prior to onset of ID. Your husband ID was a result of some domestic issues. In view of the fact that your husband's disability has been regarded by the Medical Authorities as neither attributable to nor aggravated by duties of Military service, your husband is not entitled to Disability pension under the Rules.";