Karan Singh vs Union Of India And Others

The applicant, Ex. Rect. Karan Singh, through the medium of the instant Original Application is seeking the following reliefs:

(a) To quash and 10.09.2012 and Impugned order. set aside the impugned letter dated 19.12.2016 as Annexure A-1 (CoIly)

(b) Direct Respondents to grant Disability Pension to the applicant by treating his disability ""MODERATE DEPRESSIVE EPISODE"" with assessed

@200/0 for life as attributable to or aggravated by military service as it has caused due to weather condition as accepted stress and strain of service

as law already settled by the Hon'ble Supreme Court various cases in Dharamvir Singh Vs UOI & Ors (2013) 7 SCC 31,6 latest of UOI & Ors Vs

Rajbir Singh (Civil Appeal No. 2004 of 2011 decided on 13.02.2015, UOI & Ors. Vs Manjeet Singh (Civil Appeal 4357-58 of 2015 (arising out of SLP

(C) No 13732-33 of 2015 decided on 12.05.2015 and Case No. CA-5605/2010 titled Sukhvinder Singh v UOI (2014 STPL (web) 468 SC) decided on

25.6.2014. And/or

(c) Direct Respondents to grant Disability Pension ©20% to ©50% wef 15 Oct 2010 to for life in terms of GoI, MoD letter dated 31.01.2001 and

Civil Appeal No 418/2012 titled UOI & Ors Vs. Ram Avtar vide judgment dated 10.12.2014 alongwith 10°/o annual interest till the payment be

made, for which the applicant deserves.

(d) Any other relief which the Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

The undisputed facts, as averred by the learned counsel for both the parties are that the applicant was enrolled in the Corps of Signals in Indian

Army on 24.03.2009 and was invalided out of service w.e.f. 15.10.2010 after rendering 01 year, 06 months and 21 days of service under Rule 13(3)

item IV of Army Rule, 1954 on account of ""MODERATE DEPRESSIVE EPISODE (F32.1)"". His Invaliding Medical Board (IMB) was held at

Military Hospital, Jabalpur on 21.09.2010. The IMB had opined his disability ""MODERATE DEPRESSIVE EPISODE (F32.1)"" as Neither

Attributable to Nor Aggravated (NANA) by military service and not connected with military service. The IMB assessed the disability © 20% for

two years. Accordingly, the disability pension claim of the applicant was rejected by the respondents on 10.09.2002. The applicant sent legal notice

dated 27.11.2016 for grant of disability pension, however, the same was rejected vide order dated 19.12.2016. Being aggrieved, the present 0.A has

been filed.

Learned counsel for the applicant submitted that since the applicant was enrolled in a medically fit condition and has been invalided out of service in

Low Medical Category, as such, his disability should be considered as attributable to and aggravated by military service and he should be granted

disability pension.

The Ld. Counsel for respondents has highlighted the opinion of Invaliding Medical Board, wherein the applicant's disease ""MODERATE

DEPRESSIVE EPISODE (F32.1)"" has been opined by the board as Neither Attributable to Nor Aggravated by military service and not related to

service. He has drawn attention to the disease manifesting within one year two months and 21 days of enrolment. The learned counsel for the

respondents claimed that since the disease is opined as NANA by IMB, hence, the claim of disability pension of the applicant has rightly been

rejected. He prayed for dismissal of the O.A.

We have heard the parties and perused the IMB. The question before us is straight and simple i.e. is the disease of the applicant attributable to or

aggravated by Military service.

On careful scrutiny of the RMB records and the opinion of the Specialist Doctor in Psychiatry we have noticed that the applicant was enrolled as

recruit on 24.03.2009. Within fifteen months of training as a recruit he developed the symptoms of the disease with insidious onset and progressive

mood features since April 2010 in the form of persistent and pervasive low mood. Inability to enjoy previously pleasurable activities, easy fatigability,

lack of concentration, forgetfulness, low self esteem depressive congnitions and suicidal ideation. He was also continuously remaining demotivated for

further training.

In the above circumstances, he was recommended to be invalided out of service by the IMB and was invalided out of service within about 19

months of enrolment.

Thus considering all issues and the fact that this disease has manifested within a short span of one year two months and twentyone days after

enrolment, we are therefore of the opinion that since mental disease can't be detected at the time of enrolment, we can't give benefit of doubt to the

applicant specially so when the disease has been manifested within a short span of enrolment. We therefore agree with the opinion of the medical

board that the disease is neither attributable to nor aggravated by military service (NANA). Additionally a recruit is akin to a probationer and therefore

the respondents have every right as an employer to remove a recruit from training and from service if he is not fully fit to undergo military training and

become a good soldier.

Apart from it, in Civil Appeal No 7672 of 2019 in Ex Cfn Narsingh Yadav vs Union of India & Ors it has been held by the Hon'ble Supreme Court

that mental disorders cannot be detected at the time of recruitment and their subsequent manifestation (in this case after about three years of service)

does not entitle a person for disability pension unless there are very valid reasons and strong medical evidence to dispute the opinion of Medical Board.

Relevant part of the aforesaid judgment is as given below:-

In the present case, clause 14 (d), as amended in the year 1996 and reproduced above, would be applicable as entitlement to disability

pension shall not be considered unless it is clearly established that the cause of such disease was adversely affected due to factors related

to conditions of military service. Though, the provision of grant of disability pension is a beneficial provision but, mental disorder at the

time of recruitment cannot normally be detected when a person behaves normally. Since there is a possibility of non- detection of mental

disorder, therefore, it cannot be said that 'Paranoid Schizophrenia (F 20.0)' is presumed to be attributed to or aggravated by military

service.

Though, the opinion of the Medical Board is subject to judicial review but the courts are not possessed of expertise to dispute such

report unless there is strong medical evidence on record to dispute the opinion of the Medical Board. The Invaliding Medical Board has

categorically held that the appellant is not fit for further service and there is no material on record to doubt the correctness of the Report of

the Invaliding Medical Board.

In view of the above, the O.A. is liable to be dismissed. It is accordingly dismissed.

No order as to costs.

Pronounced in the open court on 28th Feb., 2020.