Mohinder Pal, J. - (1.) BRIEF facts of the case are that the petitioner was enrolled as a Sapper (Sepoy) in the Indian Army on May 22, 1973. From the date of enrollment upto the year 1987 the petitioner carried out his duties to the satisfaction of the Army Authorities. In 1987, while serving in 203 Bomb Disposal Company at Kirkee (Pune), the petitioner developed some medical problem due to which he was admitted in Military Hospital, Pune. He remained in Military Hospital for about two months. Thereafter, he was put in Low Medical Category CEE and was sent on sick leave. After expiry of sick leave, when the petitioner joined, he was again admitted in Military Hospital, Pune, and was discharged from there in August, 1987.
(2.) IN 1988, the petitioner was posted at 101, Engineer Regiment, Zirakpur. In 1989, he was admitted in Military Hospital, Western Command, Chandigarh for metal treatment, from where he was medically boarded out in low medical category on August 16, 1989 as per Discharge Slip Annexure P -1, and was sent home being unfit for Army service. It has been averred by the petitioner that he was recommended 40 per cent disability pension along with normal pension from the date of discharge by the Medical Board. After being discharge, he is getting normal pension and 40 per cent disability pension recommended by the Medical Board has not been released to him. The rejection of the disability pension by the pension sanctioning authority was conveyed to the petitioner by the Record Office, Bombay Engineer Group, Kirkee, Pune vide letter dated October 19, 1992 (Annexure P -2). Appeal of the petitioner against the order rejecting his disability pension was dismissed by the First Appellate Committee and it was conveyed to him vide letter dated July 10, 2000 (Annexure P -6). The petitioner continued his efforts for release of disability pension through the Ex -Servicemen's Grievances Cell, Ropar, to whom letter dated December 28, 2004 (Annexure P -7) was sent by the Army Authorities conveying the rejection of the petitioner's claim. The petitioner then served legal notice dated February 22, 2005 (Annexure P -8) upon the respondents, but to no avail. In this petition filed under Articles 226/227 of the Constitution of India, the challenge is made to the action of the Army Authorities whereby case of the petitioner for disability pension has been rejected. He has prayed for release of disability pension along with interest at the rate of 18 per cent from the date it became due to him.
(3.) IN the written statement filed by the respondents, it was stated that the petitioner was placed in low medical category as a case of Schizophrenia Psychosis (295). He was brought before the Invalidating Medical Board on July 27, 1989. The Board, after due consideration, opined that the petitioner's disability was neither attributable to nor aggravated by military service nor connected with service conditions. The disease was held to be a constitutional disorder unrelated to military service. The proceedings of the Medical Board were duly approved by the competent authority. It was averred that the petitioner was not entitled to disability pension and service pension as per entitlement was released to him with effect from August 28, 1989. It was further averred that since the onset of the disability of the petitioner was at a peace station and it was because of constitutional disorder, service conditions had no affect on the disease. It was further pleaded that in the year 1987, the petitioner was handed over to Civil Police at Kirkee for investigation of offence under Sections 302/326/307/324/148/149 of the Indian Penal Code and Sections 25/27 of the Arms Act, 1959. He was released on bail on October 06, 1987, from civil custody of District Jail, Ropar. He was also awarded punishment for an offence under Section 48 of the Army Act for intoxication. It was stated that the petitioner was a habitual offender. It has further been averred that the Invalidating Medical Board only assessed the percentage of disablement of the petitioner as 40 per cent for two years. It was denied that the Invalidating Medical Board had recommended grant of disability pension to the petitioner. The Pension Sanctioning Authority had rejected the claim of the petitioner on the ground that the invalidating disease was neither attributable to nor aggravated by military service.;