O.A. No. 97 of 2012. Case: (No. 13878546N) Ex Nk S. Jayachandran Vs Union of India. Armed Forces Tribunal

Case NumberO.A. No. 97 of 2012
CounselFor Appellant: Mr. S.P. Ilangovan and For Respondents: Mr. B. Shanthakumar, SPC
JudgesV. Periya Karuppiah, J. (Member (J)) and Anand Mohan Verma, Member (Ad.)
IssueService Law
Judgement DateApril 29, 2013
CourtArmed Forces Tribunal

Order:

V. Periya Karuppiah, J. (Member (J)), (Regional Bench, Chennai)

  1. This application has been filed by the applicant praying for the relief of examining the validity and propriety of the 2nd respondent in varying the Release Medical Board Proceedings of the applicant and to direct the respondents to pay the eligible disability pension to the applicant from the date of discharge and to pay the arrears with 12% interest and costs. The case of the applicant as stated in the application would be as follows:-

    The applicant was enrolled in the Indian Army on 10.4.1980 after a rigorous physical test and medical examination and he was found hale and healthy at the time of his enrolment. He was also subjected to periodical medical examinations from 1981 and was found to be medically fit. However, during 1989, when he was serving in the high altitude area of Leh-Ladakh, he suffered mental depression for the first time and he was diagnosed to be suffering from 'Schizophrenia'. He was also treated in the Military Hospitals and the applicant was again posted to field areas where the strenuous conditions caused further aggravation of the disease. The applicant was not cured by the Military Hospitals, the disease Schizophrenia. In the year 1996, he was medically examined by the Command Hospital Air Force, Bangalore, and was placed in Low Medical Category "BEE (Pmt)" with 30% disability and he was medically boarded out from the Army on 26.8.1996 with service pension. The disability pension was recommended and forwarded to PCDA(P), Allahabad, in favour of the applicant, but it was unlawfully rejected by PCDA(P) stating that the disability suffered by the applicant is neither attributable to nor aggravated by Army service. The applicant was not able to secure any civil employment and he is continuing the treatment for Schizophrenia. Therefore, he would request this Tribunal to grant the eligible disability pension payable to the applicant from the date of his discharge with interest and costs.

  2. The objections raised by the respondents in the Reply Statement would be as follows:-

    The applicant was enrolled in the Army on 10.4.1980 with the terms of engagement of 17 years in colour service and 02 years in the reserve. On 21.2.1990, he was placed in Low Medical category CEE (Temporary) on account of his disability Schizophrenia by Command Hospital Air Force, Bangalore. On review, he was placed in Low Medical Category BEE (P) on 22.5.1992, and he was retained in service in the sheltered appointment. However, he was invalided out from service on 26.8.1996. The invaliding Medical Board, found that the disability of the applicant was neither attributable to nor aggravated by military service and it was a constitutional disease, not connected with service. Therefore, the applicant is not eligible for disability pension as per Para-173 of Pension Regulations for the Army, 1961 (Part-I). Therefore, the claim of disability pension of the applicant was rejected by PCDA (Pensions), Allahabad, in its letter dated 22.7.1997. The applicant was granted service pension with effect from 27.8.1996, for life. The Government of India, Ministry of Defence, also considered the applicant's appeal against the decision of PCDA (Pensions), Allahabad, and the said appeal was also rejected by the Government on 3.2.2000. The claim of the applicant was unfounded since the disability was not attributable to or aggravated by military service. The said disability 'Schizophrenia' was caused due to genetic behavioural and environmental facts for the development of this disease. The applicant was admitted in Command Hospital Air Force, Bangalore, by his wife and other relatives while he was on Casual Leave with effect from 7.4.1996 to 29.4.1996, and the cause of the disease was fearing towards black magic and conspiracy to kill him, alleging infidelity on his wife and, therefore, the cause of the disease was not due to the service conditions. There was also family history of psychotic illness in the cousin and aunt of the applicant. The applicant should prove that the injury sustained was due to military...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT