- (1.) Brief facts of the case are that the petitioner was initially enrolled in the Army Medical Corps on February 03, 1970. He was promoted to the rank of Naik with effect from March 01, 1989. He was discharged from service on February 29, 1990 under Rule 13 (3) III (i) of Army Rules, 1954 on fulfilling the conditions of enrollment. He was granted service pension for life with effect from March 01, 1990.
(2.) The petitioner got himself re-enrolled in Defence Security Corps (for short 'D.F.C.') on October 10, 1990 as Sepoy after he was found medically fit. He was posted at various stations and performed security duty in various Ammunition Depots, Air Force Stations and Headquarters, in field and peace areas.
(3.) Normal superannuation age for D.S.C personnel is 55 years. Further extension of two years enhanced period of service is granted subject to fulfilment of eligibility conditions as determined by the Screening Board. One of the eligibility conditions is that the individual should not be in Permanent Low Medical Category. As the petitioner had been placed in Permanent Low Medical Category, he was not found eligible for extension of two years" enhanced period of service. Therefore, he was brought before the Release Medical Board held on September 12, 2001 at Military Hospital, Jodhpur, to assess his medical condition before his discharge from D.S.C service. The Release Medical Board, after examining the petitioner, had diagnosed him a case of (1) "Cervical Spondylosis 721" and (2) "Unspecified Psychosis 298" and assessed the degree of first and second disabilities at 20 % each with composite assessment of both the disabilities assessed at 40 %. The Release Medical Board had placed the petitioner in Permanent Low Medical Category S2 H1 A1 P3 E1. The petitioner was discharged from D.S.C on February 28, 2002. The claim of the petitioner for disability pension was rejected on the ground that in the opinion of the Release Medical Board, both the disabilities were neither attributable to nor aggravated by military service and not connected with service. However, on appeal dated February 11, 2003, preferred by the petitioner, Ist disability i.e "Cervical Spondylosis 721" was regarded as aggravated by military service and the degree of disablement was viewed at 20% for life. He was released disability pension at the rate of 20%. However, the second disability i.e "Unspecified Psychosis 298" was viewed as neither attributable to nor aggravated by military service by the Appellate Committee.;