Research › Search › Judgment

Punjab High Court · body

2009 DIGILAW 2019 (PNJ)

Kuldip Singh v. Union Of India

2009-11-20

PERMOD KOHLI

body2009
Judgment Permod Kohli, J. 1. CM No. 18805 of 2009 1. The writ petition is taken up for final disposal today itself. CM disposed of. CWP No. 12133 of 2009 2 The petitioner was enrolled in the Army on 15.11.1979 after having been found medically fit. The petitioner was sent for training of Infantry Soldier G.D. After completion of training the petitioner was made a Sepoy and was allocated to 7 Sikh which was stationed at Dharamsala. The petitioner was promoted to the rank of Naik and Havildar. Unfortunately, in the year 1994, the petitioner suffered stress and strain which resulted in the disease of anxiety etc. The petitioner was downgraded to the medical category `BEE (Temporary) for six months by the Medical Board and after six months, the re- categorization medical board downgraded the petitioner to the permanent low medical category `BEE (P) from 24.4.1995. Ultimately, the petitioner was brought before the Invaliding Medical Board which recommended invalidation of the petitioner from the Army due to the disease Anxiety and Sexual Inadequacy in the Permanent Low Medical Category `BEE with 30% disability. The petitioner was invalided out of Army service on 30.4.1996. The claim of the petitioner for disability pension was rejected by the respondents vide letter dated 31.1.1997 (Annexure P-6) on the ground that the disability suffered by the petitioner is due to functional disorders and is not attributable to or aggravated by military service. 3. In the present case it is admitted case of the parties that at the time of recruitment, the petitioner was found medically fit and he had no such problem. The petitioner developed the problem during the Army service. This fact cannot be lost sight of that the Army service carries great stress and strain, particularly when the Army personnals are deployed not only during war, but even at the time of law and order problem and other natural calamities alongwith in the Border areas. Their life is full of stress and stains. Such a disease is not unknown in such cases. It is also not recorded by the Medical Board that such a disease could not be detected at the time of petitioners entry in service. Similar issue came up before various Courts from time to time. Their life is full of stress and stains. Such a disease is not unknown in such cases. It is also not recorded by the Medical Board that such a disease could not be detected at the time of petitioners entry in service. Similar issue came up before various Courts from time to time. Relying upon various judgments of this Court and of the Delhi High Court, a Division Bench of this Court in the case of A.J.S. Chaudhary v. Union of India and others, 1999 (1) RSJ 778 has held as under:- "19. The ratio of the decisions, referred to herein above, fully support the argument of Shri Randhawa that the rejection of petitioners claim for disability pension is legally unsustainable because at the time of his acceptance for military service, no note was recorded that he was suffering From Schizophrenia and the opinion recorded by the Medical Board at the time of his discharged from service does not contain a note that the disease was such which could not be detected at the time of petitioners entry in the service. XXX XXX XXX 22. For the reasons mentioned above, the writ petition is allowed. The decision of the respondents rejecting the petitioners claim for disability pension is quashed and it is declared that the petitioner is entitled to get disability pension in accordance with Rule 173 read with Appendix-II of the Army Regulations. The respondents are directed to calculate the disability pension payable to the petitioner from the date of discharge from service and pay the same to him within 4 months of the submission of certified copy of this order, else Inc shall fact interest on arrears at the rate of 18% per annum." 4. This Court, while considering similar circumstances in the case of Surjit Singh v. The Secretary to the Govt. of India, Ministry of Defence and others, 1999(4) S.C.T. 645 : 1999 (4) RSJ 385, has observed as under :- "3. It will he seen that the impugned orders Annexures P-2 and P-5 are based on the assessment made by the CCDA (P) Allahabad and there is no reference medical board. As the CCDA (P) Allahabad or the. Medical Authority attached thereto, did not have the occasion to examine the petitioner and had based their assessment only on the record no sanctity can be accorded to such a decision. As the CCDA (P) Allahabad or the. Medical Authority attached thereto, did not have the occasion to examine the petitioner and had based their assessment only on the record no sanctity can be accorded to such a decision. It is true, that the respondents have also averred that the petitioners disease was a constitutional one and could not he attributed to military service and that this decision had come from the invaliding Medical Board at the initial stage, but nothing has been put on record with regard to the decision of the said Board. Moreover, a constitutional disease does not ipso facto debar a person from Claiming disability pension. This has been also held in Union of India and others v. Sepoy Satwinder Singh and another, 1980 (4) RSJ 467." 5. In view of the ratio of the aforesaid judgments and the facts noticed here-in-above, the impugned order (Annexure P-6) rejecting the claim of the petitioner for disability pension is hereby quashed and consequently the respondents are directed to work out the disability pension payable to the petitioner in accordance with law. Let the claims of the petitioner for disability pension he settled in accordance; with law within a period of three months from the date a certified copy of this order is served upon the competent authority. However, the claim shall be restricted to three years preceding the date of filing of the writ petition.