Mewa Singh vs Union of India

R.L. Anand, J.—Shri Mewa Singh, Ex-Driver, has filed the present civil writ petition under Articles 226/227 of the Constitution of India against the respondents for issuance of a writ in the nature of certiorari and has prayed for quashment of order Annexure P2 vide which his claim for disability pension has been declined. He has further made a prayer that a writ of mandamus be issued against the respondents directing them to release the benefit of disability pension to him from the date of his invalidation from the service.

Some facts can be noticed in the following manner :-

The petitioner was recruited in the Army in September 1985. According to the petitioner, he served at various stations and at the time of his entry into the Army service he was hale and hearty. However, in the year 1990 he suffered an attack of giddiness and was admitted in the hospital where he was medically examined and its found that he was suffering from seizure and neurosis. He was placed under medical category "C" (temporary). After six months he was again admitted in the hospital for review medical board and the board recommended invalidation of the petitioner out of service and he was received from service on 29.4.1991. The petitioner made a prayer for release of disability pension which was declined to him vide order dated 14.11.1991. He also filed an appeal before the Government of India. He filed a writ petition earlier in the year 1995 which was disposed of with the directions to the respondents to decide the statutory appeal filed by the petitioner. Now the appeal filed by the petitioner has been declined by the respondent No. 2, therefore, he has filed the present writ petition mainly on the ground that the disability suffered by him is attributable to the Army service.

Notice of the writ petition was given to the respondents. They filed the reply and denied the allegations. According to the respondents, though the petitioner was medically examined by the Recruiting Medical Officer at Patiala at the time of entry into service he was not the specialist. According to the respondents, serving personnel always remain under the medical review throughout their service career. In para No. 5 of the reply it has been admitted by the respondents that the petitioner was admitted in Psychiatric Wing of Command Hospital (Central Command), Lucknow on 1.1.1991 and remained under treatment for the disease CNS Investigation (Seizure and Neurosis). After obtaining the opinion of the specialist the petitioner was recommended to be invalidated out of service and he was placed in medical category "E". The major stand of the respondents is that the disability suffered by the petitioner is not attributable to Army service and the petitioner is not entitled to the benefit of disability pension. Further it was pleaded that this Court has no territorial jurisdiction to entertain this writ petition as the petitioner was invalidated out of service from Lucknow and he should have filed the writ petition in Uttar Pradesh.

I have heard the learned counsel for the parties and with their assistance have gone through the record of the case. In my opinion, the writ petition should succeed and the petitioner should get the benefit of disability pension for 38 months immediately prior to the date of the institution of present writ petition. We all know that at the time of initial entry into service a candidate is medically examined. The petitioner was found fit at the time of his entry into service. There is nothing on the record to show on behalf of the respondents that at the time of initial entry into the service the doctor who examined the petitioner, gave any adverse opinion against the petitioner. We further know that duties of the Army personnel are very arduous and they remain under strict discipline and this type of diseases are suffered invariably by some of Jawans of the Army.

The learned counsel for the respondents submitted that with the passage of time the resistance of the body reduces and the hidden diseases come on the surface. If the disease of the petitioner was not detected at the first instance, it cannot be said that it is attributable to Army service. The submission of the learned counsel for the respondents is not acceptable to this Court for the reasons already given above. With regard to territorial jurisdiction, I am of the opinion that no prejudice is likely to be caused to the respondents if the petitioner opted to file this writ petition in this High Court. The objection of territorial jurisdiction does not lie in the mouth of the Union of India against its citizen. We are adjudicating the right of an individual and the right if borne out should not be defeated on the ground of territorial jurisdiction.

Resultantly, this writ petition is allowed by quashing the order Annexure P2 and respondents are directed to release the benefit of disability pension to the petitioner for a period of 38 months only immediately prior to the institution of the writ petition within three months from the receipt of the copy of the order failing which the respondents shall pay interest @ 12% per annum. The petitioner shall appear before the Re-Survey Medical Board as and when called upon by she respondent-authorities. There shall be no order as to costs.

Petition allowed.