R.L. Anand, J. - (1.) THE sole point for determination in this writ petition would be whether the term "Anxiety State" can be held to be equivalent to "Anxiety Neurosis" for the purpose of giving the benefit of disability pension to a Ex -army soldier and the answer of this Court is in the negative .
(2.) THE brief facts of this case are that Ex -Signalman Bidhi Chand Rana enrolled in the Corps of Signals as an Operator Keyboard and Line on 14.10.1953. He received military and technical training. On successful completion of training, he was posted to "Z" Communication Zone Signal Regiment. He was medically examined at the lime of posting and was found fit. From 11.11.1957 to 9.12.1960 the petitioner served in "Y" Communication Zone Signal Regiment deployed in J & K. It is the case of the petitioner that he was declared medically fit on his annual medical examination. The petitioner alleges that in the month of December, I960, he developed severe headache due to stress and strain of duty and sub -zero temperature condition. The treatment at military hospital did not give any relief. From December 1960 to February 1961 he was sent on annual leave and on the expiry of the leave he reported back on 213 Transit Camp. In the month of February, 1961 he was again admitted in the military hospital at Pathankot for his headache which had developed into giddiness and palpitation of heart. In the month of March 1961, he was transferred from Military Hospital, Pathankot to General Hospital, Delhi for investigation and better medical treatment and thereafter he was referred to the Psychiatrist Army Hospital Delhi Cantt, who had diagnosed the case of " Anxiety State". Resultantly, the petitioner was prematurely discharged from the army on medical grounds on 8.10.1961. The petitioner's case for disability pension was rejected. Appeal before the Central Government was also rejected in the year 1975. He sent a notice on 17.6.1998 under Section 80 C.P.C. but to no effect. Hence the writ petition was filed in order to claim the benefit of disability pension in the year 1998.
(3.) NOTICE of the writ petition was given to the respondents and the main defence of the respondents is that the disease/infirmity suffered by the petitioner is not attributable to the army service and, therefore, he is not entitled to the benefit of disability pension.;