M.R. Calla, J. - (1.) Through this special appeal filed under Section 18 of the Rajasthan High Court, Ordinance, 1949, the appellant seeks to challenge the judgment and order dated 23rd April, 2001 passed by the learned Single Judge whereby the writ petition was rejected.
(2.) The appellant hereinabove was the original petitioner in the writ petition. He came with the case that he was enrolled in Army as a Sepoy on 25th September, 1984 and was classified in medical category 'A' or 'AYE'. At the time he was enrolled, he was hale and hearty person, he did not suffer from any disability at that time. It was also submitted that he remained posted in field operational areas on the western border of this country in the year 1986 while he was posted in the field, he had to report sick on 29th August, 1986. On 5th June, 1989, he was admitted in Command Hospital (Northern Command), Secunderabad in Psychiatric Wing. He was diagnosed to be suffering from 'Schizophrenia' and ultimately on 25th August, 1989, he was discharged from hospital and was sent back to his home and invalided out of service in the medical category 'E' or 'EEE'. On account of disease diagnosed as above, he suffered 60% disability. His discharge from service was under Rule 13(3) III (iii) of Indian Army Rules. The discharge slip, copy of which has been enclosed with the writ petition as Annexure-1, shows that he was discharged to home with 2 escorts to hand over him to his next of kins and obtained a necessary certificate. His case for disability pension claim was then sent to the Controller of Central Defence Accounts (Pension), Allahabad - on 7th March, 1990 by the Chief Record Officer for Officer-in-Charge, Electrical and Mechanical Engineering Records, Secunderabad and by letter dated 21st April, 1990, he was informed by the Assistant Records Officer for OIC EME Records that his case for disability pension was still under consideration and as and when it is denied, the result will be communicated. It was followed by reminder dated 21st August, 1990. The petitioner then received a letter dated 14th December, 1990 from the respondent No. 3 intimating him that his disability pension claim has been rejected on the ground that- 1. Your invaliding disability viz 'Schizophrenia' (a) Is not attributable to military service. (b) Does not fulfil the following conditions, namely if existed before or arose during his military service and has remained aggravated thereby.
(3.) The petitioner was, thus, not found to be entitled for disability pension. On 14th January, 1991, the petitioner preferred an appeal against the rejection of his claim of disability pension before the Chief Record Officer for Officer-in-charge, EME Records, Secunderabad and ultimately filed the writ petition on 11th March, 1991 before this Court. It appears from the record of this case that a reply to the writ petition dated 1st July, 1991 was filed on behalf of the respondents alongwith certain documents seeking to quash the petitioner's challenge against the rejection of his claim for disability pension and to this reply, a rejoinder dated 8th December, 1997 was filed. This is all about the pleading as were filed on behalf of the parties in this writ petition.;