Vikram Pratap Singh vs Union Of India And Others

M.A. 1326 of 2017

For the reasons carved out in the application, the delay of 63 days in filing of OA is condoned. MA stands disposed of.

O.A. 1772 of 2017

The applicant, Ex. AC (U/T) Vikram Pratap Singh, through the medium of the instant Original Application is seeking the following reliefs:

a. To direct the respondents to grant disability pension to the applicant for the disability suffered by him due to the conditions of service.

b. To direct the respondents to grant broad banding of disability that was assessed @40% to 50%.

c. To order the respondents to pay interest of 1 2 % on the arrears of pension.

d. To pass any such order which the Hon'ble Bench deem fit as per law and in the interest of justice in the favour of the applicant.

The undisputed facts, as averred by the learned counsel for both the parties are that the applicant was enrolled in Indian Air Force on 28.03.2012

and was invalided out of service on 03.06.2013 after rendering 01 year and 68 days of service under the clause on ""Having been found medically unfit

for further service in the IAF"" on account of ""SCHIZOPHRENIA (F-20.0)"". His Invaliding Medical Board (IMB) was held at AFT Jalahalli on

10.05.2013. The IMB had opined his disability ""SCHIZOPHRENIA (F-20.0)"" as Neither Attributable to Nor Aggravated (NANA) by service and not

connected with service, The 1MB assessed the disability @ 40% for life. Accordingly, the disability pension claim of the applicant was rejected by the

respondents. The applicant preferred first appeal dated 06.12.2013 which was rejected by the respondents vide order dated 11.06.2015. The

applicant's second appeal was also rejected by the respondents vide their letter dated 07.12.2017. 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 ""SCHIZOPHRENIA (F-

20.0)"" has been opined by the board as Neither Attributable to Nor Aggravated (NANA) by service and not related to service. He has drawn

attention to the disease manifesting within one year 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 Air Force service?

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

recruit on 28.03.2012. Within one year of training as a recruit, he developed symptoms of this disease. The symptoms included that he feared that a

colleague of his was actually a terrorist, and that he would harm his family members, he had been posted near his home town. He feared the azaan.

Gradually, as his symptoms exacerbated, he became fearful that even the trees, birds and mosquitos would harm his family members. He thought his

family members were present everywhere, was scared to eat food, as he thought that his family members were embedded in the food. He would

await a particular time ot do certain activities, as he thought that his family members would be safe then. He walked in short steps, and did not sit in

chairs without first cleaning them properly, as he thought that he might harm his family members.

In the above circumstances, he was recommended to be invalided out of service by the IMB and was invalided out of service within about 15

months of enrolment.

Thus considering all issues and the fact that this disease has manifested within a short span of one year after enrolment, we are of the opinion that

since mental disease can't be detected at the time of enrolment, we can't give benefit of doubt in this case. 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 which may warrant the constitution of

the Review 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.