Manoj Kumar vs Union Of India And Others

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

(a) To quash and set aside the impugned orders dated 27.11.2017 as Annexure A-1 Impugned Order.

(b) Direct Respondents to grant Disability Pension of Pension to the applicant by treating his disability ""UNSPECIFIED PSYCHOSIS (F.29)"" as

attributable to or aggravated by military service as it has caused due to stress and strain of service only in terms of para 54, Chap VI, Guide to

Medical Officer-2002 and now law has already been settled by Hon'ble Supreme Court in Dharannvir Singh Vs UOI & Ors (Civil Appeal No. 4949 of

2013) 2013 AIR SCW 4236 and Civil Appeal No. 2904/2011 titled as UOI & Others Vs. Rajbir Singh decided on 13.02.2015 And/or

(c) Direct Respondents to grant Disability Pension (Service Element as well as Disability Element) to the applicant @30% and further rounding off of

Disability Pension ©30% to ©50% wef 01.07.2008 in terms of GoI, MoD dated 31.01.2001, 10.02.2014 and PCDA (P) Allahabad Circular No 527

dated 25.04.2014 and law settled by Hon'ble Supreme Court in Civil Appeal No 418/2012 titled UOI & Ors Vs Ram Avtar vide judgment dated

10.12.2014 alongwith 10% interest p.a. And/or

(d) Any other relief which the Hon'ble Tribunal may deem fit and proper in the fact 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 Indian Army on 11.03.2008

and was invalided out of service w.e.f. 30.06.2008 after rendering 03 months and 20 days of service under Rule 13(3) item IV of Army Rule, 1954 on

account of permanent Low medical Category. His Invaliding Medical Board (1MB) was held at 151 Base Hospital C/o 99 APO on 24.05.2008. The

IMB had opined his disability ""UNSPECIFIED PSYCHOSIS (F.29)"" as Neither Attributable to Nor Aggravated (NANA) by military service, not

connected with service, reasonâ€"service span too short to cause/aggravate the illness. The IMB assessed the disability @ 30% for life. Accordingly,

the disability pension claim of the applicant was rejected by the respondents. The applicant sent legal notice dated 01.11.2017, through his Advocate,

for grant of disability pension, however, the same was rejected vide letter dated 27.11.2017. 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 ""UNSPECIFIED

PSYCHOSIS (F.29)"" 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 month 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 1MB. 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 11.03.2008. The opinion of Lt. Col. S.K. Saxena, Graded Specialist in Psychiatry states about past history that ""Patient had undergone

Psychiatric treatment with various antipsychotics since Apr 2006 and was continuing it till Jan 2008, when he joined the service for military training.

He was under treatment of Dr:. VK Mundhra, Psychiatrist at '6E7-WELL NEURO PSYCHIATRIC CURE CENTRE, FARIDABAD' (Prescription

attached) who had at one junction mentioned that patient was a case of Acute Psychiatric episode. Patient had discontinued his medications since Jan

2008. No family history of any mental illness. "" Additionally in his conclusion he states ""This 22 yrs old soldier recruit with less than one month of

training is a patient of Unspecified Psychosis and has been on antipsychotics since Apr 2006. He has suffered a relapse of his illness in the

background of stopping his medications voluntarily. In view of the above, he is unlikely to become an effective soldier and would require long term

medication. More over, due to easy access to fire arms and weapons, he will be a pertinent danger to him self and other around him.

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

months of enrolment.

Thus considering all issues and the fact that this disease pre existed before enrolment and again has manifested within a short span 9. Apart from it,

in Civil Appeal No 7672 of 2019 in Ex Cfn Narsingh Yadav vs Union of India & Ors, decided on 03.10.2019, it has been held by the Hontle 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)' presumed to be attributed to or aggravated 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.

Pending application(s), if any, also stand disposed of.

Pronounced in the open court on 5th March, 2020.