AI Structured Summary
Not yet generated for this judgment
Judgment
R.L. Anand, J.—The sole point for determination in this writ petition would be whether the term "Anxiety State" can be held to be equivalent to "Anxiety Neurosis" for the purpose of giving the benefit of disability pension to a Ex-army soldier and the answer of this Court is in the negalive.
The brief facts of this case are that Ex-Signalman Bidhi Chand Rana enrolled in the Corps of Signals as an Operator Keyboard and Line on 14.10.1953. He received military and technical training. On successful completion of training, he was posted to "Z" Communication Zone Signal Regiment. He was medically examined at the lime of posting and was found fit. From 11.11.1957 to 9.12.1960 the petitioner served in "Y" Communication Zone Signal Regiment deployed in J & K. It is the case of the petitioner that he was declared medically fit on his annual medical examination. The petitioner alleges that in the month of December, I960, he developed severe headache due to stress and strain of duty and sub-zero temperature condition. The treatment at military hospital did not give any relief. From December 1960 to February 1961 he was sent on annual leave and on the expiry of the leave he reported back on 213 Transit Camp. In the month of February, 1961 he was again admitted in the military hospital at Pathankot for his headache which had developed into giddiness and palpitation of heart. In the month of March 1961, he was transferred from Military Hospital, Pathankot to General Hospital, Delhi for investigation and better medical treatment and thereafter he was referred to the Psychiatrist Army Hospital Delhi Cantt, who had diagnosed the case of "Anxiely State". Re-sultantly, the petitioner was prematurely discharged from the army on medical grounds on 8.10.1961.
The petitioner''s case for disability pension was rejected. Appeal before the Central Government was also rejected in the year 1975. He sent a notice on 17.6.1998 u/s 80 C.P.C. but to no effect. Hence the writ petition was filed in order to claim the benefit of disability pension in the year 1998.
Notice of the writ petition was given to the respondents and the main defence of the respondents is that the disease/infirmity suffered by the petitioner is not attributable to the army service and, therefore, he is not entitled to the benefit of disability pension.
I have heard Shri K.S. Gill, learned counsel appearing on behalf of the petitioner and Shri Gurpreet Singh, learned counsel appearing on behalf of the respondents and with their assistance have gone through the record of this case.
The learned counsel appearing on behalf of the petitioner vehemently submitted that the term "Anxiety State" is synonymous with the term "Anxiety Neurosis. The disease "Anxiety Neurosis" is a disease of neurosis. The petitioner has suffered this disease while in service, therefore, the petitioner is entitled to the benefit of disability pension.
In support of his contention, the learned counsel for the petitioner has referred to page 83 of Mosby''s Dictionary and submitted that according to the dictionary meaning "Anxiety Neuroris" is a neurotic disorder characterized by persistent anxiety. The symptoms range from mild, chronic tenseness, with feelings of timidity, fatigue, apprehension, and indecisiveness, to more intense states of restlessness and irritability that may lead to aggressive acts or indecisiveness. The counsel submitted that according to this dictionary meaning the word "Anxiety State" is also known by the disease "Anxiety Neurosis". Since the disease of "Anxiety Neurosis" which is synonymous of "Anxiety State", is attributable to the army service therefore, the petitioner is entitled to the benefit of disability pension. The learned counsel for the petitioner further submitted that at the time of the entry of the petitioner into the military service, no deformity was found on his person so much so the petitioner was annually examined for medical check-up and still there was no deformity.
I am not in a position to subscribe to the argument raised by the learned counsel for the petitioner; firstly because, in my opinion, the term "Anxiety Stage" is not synonymous to the term "Anxiety Neurosis". There must be a direct connection between the disease allegedly suffered by a person with his military service. Anxiely of a person is always there even in a case of healthy person. Our life is so complicated that everybody is anxious to achieve something but mere "Anxiety State" is not a disability so as to claim the benefit of disability pension. It has been held in Nutan J. Patel (Ms) Vs. S.V. Prasad and Another, as follows :-
"The conclusion may not have been satisfactorily reached that the injury though sustained while in service, it was not on account of military service. In each case, when a disability pension is sought for and made a claim, it must be affirmatively established, as a fact, as to whether the injury sustained was due to military service or was aggravated which contributed to invalidation for the military service."
In this view of the matter, I am of the considered opinion that the term "Anxiety State" is not synonymous to term "Anxiety Neurosis". The petitioner has not been able to prove the direct nexus between the disease allegedly suffered by him and his military service, therefore, he is not entitled to the benefit of disability pension. Thus, I dismiss this writ petition with no order as to costs.
Petition dismissed.