Devinder Kumar vs Union of India and others

R.L. Anand, J.—Devinder Kumar petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India and he has prayed for the issuance of a writ of certiorari by quashing the order An-nexure P-5 vide'' which his case for disability pension has been rejected by the respondent- authorities and the petitioner has further prayed that a direction be issued to the respondents to release him the benefit of disabiliiy pension with effect from 3.2.1989.

The brief facts of the case.are that the petitioner was enrolled as an Airman in the Indian Air Force on 21.5.1986 and according to the petitioner he was declared fully medically fit by the Medical Board at the time of entry of his service. He was detailed for escort duty with CPL Ramchandran who was the patient of mental disease. During this period, the petitioner developed mental disorder due to the stress and strain of the escort duty of mental patient and he lost bajance of mind. The petitioner remained admitted in Air Force Hospital where the disease of the petitioner was diagnosed as "Affective Disorder Mania". The petitioner remained admitted in the hospital with effect from 14,9.1988 to 2.2.1989. The petitioner was invalidated out of the Air Force Service and disability was assessed as 40%. The petitioner had been waiting for his disability pension. According to the petitioner, the disability suffered by him is attributed to the Air Force Service and he is therefore entitled to disability pension.

Notice of this petition was given to the respondents who-filed written statement and have denied the allegations. According to the respondents, the disease suffered by the petitioner is neither attributable nor aggravated to the Air Force Service rather it was constitutional in nature and therefore the petitioner is not entitled to disability pension.

I have heard the learned counsel for the parties and with their assistance I have gone through the record.

The sole point for determination is whether the disease suffered by the petitioner is attributable or aggravated to the Air Force Service or it was a constitutional one. It is the common case of the parties that when the petitioner joined the service, he was found medically fit. It is alleged by the petitioner that he was detailed on escort duty with a mentally diseased person, namely, CPL Ramchandran and when he was discharging his. duties he developed the trouble. He was admitted in this hospital where the petitioner was diagnosed as "Affective Disorder Mania". There is nothing to suggest that the disease was a constitutional one. In these circumstances, 1 allow this petition and quash the order Annexure P-5 and give a direction to e respondent authorities to release him the disability pension with effect from 3.2.1989 when the petitioner was discharged from the Indian Air Force, within 3 months from the date of receipt of the copy of this order failing which the petitioner shall be entitled to interest @ 12%. The petitioner shall appear before the Resurvey Medical Board as and when called by the respondent authorities. There shall be no order as to costs.

Petition allowed.