RAM BARAN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Sri Ram Chandra, learned Counsel for the petitioner and Sri S.K. Rai, learned Counsel for the respondents are present.

(2.) This writ petition has been filed challenging the Order refusing disability pension to the petitioner by the respondents after he was invalidated out of service w.e.f. 21.2.1985 on the ground of suffering from the disease "Schizophrenia-295*' under Rule 13 (3) (iii) of the Army Rules, 1954 (hereinafter referred to as 'the Army Rules').

(3.) The case of the petitioner in brief is that he was enrolled in the Regiment of Artillery in the Army on 21.12.1979. At the time of recruitment in the Indian Army, he had to go through strenuous test for physical standard as per the Army Rules and was found completely fit. Thereafter he was subjected to thorough medical examination by the competent Board of Medical Officers by means of various medical tests and in their technical expression, the petitioner was placed as 'SHAPE' i.e. I-class in every parameter for test. Subsequently, the petitioner was recruited as Gunner (G.D.) at Kanpur. After successful training in the prescribed trades, he was posted from time to time at many places including High Altitude at Kargil (Jammu and Kashmir) in June, 1981 in the Field Regiment-262. The petitioner served in Army with utmost efficiency and loyalty and in acknowledgment of the same he was awarded "Sanya Sewa Medal" and was ranked 'G-III'. The Field Regiment No. 262 returned for relaxation on 11.3.1983 from critical to rear at Meerut. While serving the Army in rear at Meerut, the petitioner was informed about his father's serious illness by his family members through telegram. He applied for leave, which was refused by respondent No. 2 on misconception for avoiding Army duty. However, as per the Army Rules, he was granted regular relaxation leave for two months w.e.f. 1st July, 1984. The petitioner reported on duty after expiry of the leave and soon thereafter his father died. He again applied for leave which was granted for two months and after expiry of the aforesaid leave period he joined his duty. Two-three months thereafter the Field Regiment No. 262 marched to Sikkim but the petitioner was stopped by the Order of the respondent No. 2 and he was admitted to Military Hospital under depression due to grief and agony on account of untimely death of his father and the heavy burden that had fallen on him. A misdirected treatment was administered to the petitioner in Military Hospital, Meerut and he was asked to sign on some printed forms without disclosing the contents and purpose thereof. From there he was transferred to Military Hospital at Bareilly and he remained there for some time. Ultimately he was sent back to his village on 22.2.1985 by an Escort from Bareilly Military Hospital with clear verbal assurance that he will be subjected to medical examination by full Medical Board and he will be called for the same. While leaving the petitioner at his home, the Military Escort left a document and when it was got read then he came to know that he was discharged from the service on the basis of alleged disease of "Schizophrenia-295". On coming to know the contents of the said discharge letter, the petitioner got himself medically examined by one reputed Dr. A.K. Tandon, M.D. In the department of Psychiatry of Motilal Nehru Medical College, Allahabad. After thorough examination, the petitioner was found fit .and a certificate was issued by the said Dr. A.K. Tandon.