- (1.) The petitioner was enrolled in the Border Security Force (hereinafter referred to as 'the B.S.F') on October 07, 1991 as Sub Inspector/Platoon Commander. Thereafter, he was promoted to the rank of Inspector. After completion of basic training, he served in different units of the B.S.F in various locations. In 2001, he was diagnosed as a case of severe depression with psychotic features. He was undergoing treatment from a Psychiatrist at Civil Hospital, Ferozepore (Punjab). Meanwhile his Unit moved to Kashmir Valley and the petitioner also went to Kashmir with his Unit. On January 02, 2002, a Medical Board was constituted at Station Headquarters, B.S.F, Kupwara to examine the petitioner and he was diagnosed to be a case of severe depression with psychotic features and he was placed under temporary low medical category for one year. On May 28, 2003, while the petitioner was posted in 183 Battalion, B.S.F, a Medical Board was again constituted at Station Headquarters, B.S.F, Barmer to examine the petitioner. The Medical Board examined the petitioner and again diagnosed him as a case of severe depression with psychosis and placed him in temporary low category for a period of 48 weeks. Later on, he was posted to 81 Battalion, B.S.F. On November 19, 2004, the petitioner again appeared before the Medical Board, Station Headquarters, Sri Ganganagar and was placed in temporary low medical category for a duration of 24 weeks. On June 29, 2005, he again appeared before the Medical Board which was held at Station Headquarters, B.S.F, Sri Ganganagar. The Medical Board assessed disability of the petitioner at 50 % and found him unfit for further service. He was placed under permanent low medical category as S5H1A1P1E1. Findings of the Medical Board of Officers in respect of the petitioner were approved by the Inspector General of B.S.F, Rajasthan Frontier Jodhpur, being the competent authority. The petitioner served the B.S.F for fourteen years and twenty four days. He was invalidated out from the service of B.S.F with invalid pension with effect from October 31, 2005.
(2.) The petitioner submitted an appeal to the Director General of B.S.F requesting for conducting of Review Medical Board and releasing him disability pension. The same was rejected on May 02, 2006. Hence this writ petition.
(3.) In the written statement filed by the respondents, it has been admitted that the Medical Board had opined that disability of the petitioner was aggravated by the stress and strain of service conditions. However, it has been pleaded that the petitioner was entitled only for invalid pension with other benefits admissible under the relevant provisions of the Central Civil Services (Pension) Rules, 1972. It has been further pleaded that the Medical Board, after carrying out the examinations of the petitioner, found him suffering from Severe depression with Psychotic features and awarded him permanent Low Medical Category Rs. S5H1A1P1E1' with 50% disability and recommended that he was permanently unfit for further service. He was given admissible pensionary benefits.;