Daljit Singh vs Union of India

Hemant Gupta, J.—Challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short ''the Tribunal'') on 05.03.2013, whereby an Original Application filed by the petitioner claiming disability pension was dismissed. The petitioner was enrolled as a Soldier GD in the Bombay Engineering Group (BEG) of the Indian Army on 23.03.2004. The petitioner was found to be suffering from ''Catatonic Schizophrenia'', when he was examined by the Specialist on 10.03.2005. Thereafter, he was boarded out on 27.04.2005. The claim of the petitioner for disability pension was rejected vide order dated 04.05.2006 and such order was affirmed in appeal on 27.07.2007. Both the orders were challenged by the petitioner before the Armed Forces Tribunal, which remained unsuccessful.

The argument of the learned counsel for the petitioner is that at the time of entry of the petitioner in the Indian Army, he was in the medical category ''AYE'' and that no disease or injury had been noticed or recorded by the Medical Board, therefore, any disability during the period the petitioner was working in the Indian Army is deemed to be attributable to or aggravated by military service. Reliance is placed upon a Division Bench judgment of this Court in CWP No. 7277 of 2013 titled Ex. Naik Umed Singh Vs. Union of India and Others, .

On the other hand, learned counsel for respondent Nos. 1 to 4 has pointed out that the petitioner has rendered only, 1 year, 1 month & 6 days of total service in the army and invalidating Medical Board on 17.03.2005 opined that the disease of the petitioner is not related to the military service. Reliance is placed upon the detailed opinion of the Lieutenant Colonel, Classified Specialist (Psychiatry) dated 10.03.2005, which shows that the petitioner was brought to psychiatric attention on 04.01.2005 and that he was found to be in delusion, acute depression and abnormal behavior.

After hearing learned counsel for the parties, we find that ''Schizophrenia'' or for that matter acute form of Schizophrenia i.e. ''Catatonic Schizophrenia'' could not be detected by the Medical Board at the time of acceptance of the petitioner in the Indian Army being a mental status. The mental condition cannot be detected at the time of enrollment. The medical examination is more of physical fitness. Therefore, ''Schizophrenic'' behavior could not be detected at the time of entry of the petitioner into the service. The period between which he has been enrolled and was found to be suffering is around 9 months. He has been boarded out three months'' later. Therefore, the disease i.e. ''Catatonic Schizophrenia'' cannot be'' said to be either attributable to or aggravated by military service. Consequently, we do not find any illegality or irregularity in the order passed by the Tribunal, which may warrant any interference by this Court in exercise of its writ jurisdiction.

Dismissed.