Ravi Kumar vs Union of India

Tejinder Singh Doabia, J.—The appellant was found to be suffering from GrandMalepilepsy. He was boarded out of service. An order in

this affect was passed. This was made effective from 11.4.1987. The disability was found to be attributable to military service. This was quantified

an 6.10% for two years. The appellant was seeking disability pension. In the alternative, he submitted that he be given given alternative

employment. Both these prayers were rejected by the respondents. Appellant preferred a writ petition. The contentions raised by the appellant

raised by the appellant stand negatived by a learned Single Judge of this Court. The appellant has preferred an appeal.

A per the Black's Law Dictionary. Epilepsy represents ""a disruption of the normal rhythm of the brain, is an occasional, periodic, excessive and

disorderly discharge of nerve cells in the brain. The discharge is chemical electrical in nature. While the discharge itself is hidden, it manifests itself in

various forms of visible activity, called seizures.

The medical literature defines the malady, as under :

Definition

Epilepsy is a group of disorders in which there are recurrent episodes of altered cerebral function associated with paraxysmal excessive and

hypersynchronous discharge of cerebral neuroses. The clinical accompaniments of these episodes seizures vary in manifestation from brief lapses of

awareness to prolonged bouts of unconsciousness, limb jerking and incontinence.

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Classification of Elilepsy.

The chief division of seizure types is between partial (focal) seizures in which parosysmal neuronal activity is limited to one part of the cerebrum

and generalised seizures where the electrophysiological abnormality involves large areas of both hemispheres simultaneously and synchronously

(Table 16.33). If partial seizures remain localised, the symptomatology is elementary and depends on the cortical area affected; awareness is

preserved, and the attack is termed `simple'. If however the activity spreads to involve the neticular activating system at the thalamic level,

awareness is lost and a `complex partial seizure' results. Further spread may lead to a secondarily generalised seizure. Some generalised seizures

arise without any clear focal onset, such patients appearing to have diffusely impaired cortical inhibitory mechanisms.

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Factors with may trigger seizures

Sleep deprivation

Emotional stress

Physical and mental exhaustion

Infection pyrexia

Drug or alcohol ingestion, or withdrawal.

Flickering light, visual patterns, Promimity to television screens

Uncommon triggers

Loud noise

Hot baths

Music

Reading.

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Restrictions.

Until good control of seizures has been established, work or recreation above ground level, with dangerous machinery or near open fires should be

avoided. Patient should take a shallow bath, only when a relative is in the house, and should not lock the bathroom door. Cycling and swimming

should be discouraged until at least six months freedom from seizures has been achieved, and swimming should always be in the company of

someone who is aware of the slight change of a seizure occurring. Any activity where loss of awareness might be very dangerous (e.g.

mountaineering) should be discouraged.

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Driving :

Legal restrictions apply to vehicle driving patients with epilepsy must be free from all types of seizure for two years (on or off medication), or

seizures must have been exclusively during sleep for a period of three years before driving may be resumed. The patient should inform the licensing

authorities about the onset of seizure, and it is also wise for them to notify their motor insurance company. Vocational drivers are not permitted a

heavy goods or public service vehicle licence if any seizure occurs after the age of five years.

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These extracts are taken from Davidson's Principles and Practice of Medicine, Edited by Christopher R.W. Edward, I am A.D. Bouchier

Sixteenth Edition.

The above extracts also indicate that sleep deprivation, emotional stress, physical and mental exhaustion can lead to the problem of Epilepsy.

Therefore to any that this disease cannot be caused by stress and strain of army service would be a situation which would not correct.

It is settled that where a person comes to suffer from the malady of epilepsy and this was absent at the time of joining Army service then it can

be concluded that this malady came to be acquired on account of hazards of army service. As a matter of fact, there should be no dispute with this

proposition. The certificate issued by the Medical Board is that the disease occurred on account of army service. Even otherwise as indicted above

if nothing is found mentioned in the service record that a particular army personnel was suffering from this disease at the time of his joining the

service, then the presumption would be that he acquired this disease during service. With regard to both the matters some judicial precedents are

being noticed below :

The malady of Epilepsy which led to the discharge from the service was found to be attributable to military service as this disease was not

mentioned in the dossier of the personal record when the concerned employee joined the service, it was held that the employees is entitled to

disability pension. See Gurnam Singh v. Union of India, 1991(3) SCT 514 (P&H) : 1991(1) RSJ 20.

Number of decisions were considered on this issue by a Division Bench of this Court in the case of Union of India v. Rattan Lal, LPA (SW) No.

405/97, 1999(2) SCT 39. The Division Bench ultimately concluded as under :

i. that in case mention is not made regarding the disease or disablement at the time of entry in service, then it is to be presumed that the disability

occurred during the course of service.

ii. that disability would be on account of stress and strains of army service;

iii. if competent authority is to disagree with the finding recorded by the medical board visavis the disability or the percentage thereof, the matter

should be referred to the Medical Board.

iv. as there is no finding recorded that the respondentwrit petitioner was suffering from a disease which could not be detected at the time of entry

into service, the appellantUnion of India cannot take a sonersault and come to a contrary conclusion;

v. delay in approaching the Court is irrelevant.

The learned counsel appearing for the respondents submits that as the disability in 6.10% therefore, the appellant is not entitled to any disability

pension. Epilepsy, as indicated above, is a disease which leads to neixure of brain function. Depending upon the nature of the job there can be total

disablement for that particular job. A driver would be totally unfit if he is afflicted from this disease, this is because a momentary a seizure would

disable him from functioning as a driver. The same would be true of many other functions which are supposed to be performed in the Army. An

Army personnel serving as a gunner who is supposed to activate the gun or a rifleman who is to activate the rifle, if he happens to be suffering from

the disease, then the disablement would be total. As to how the disablement has been quantified at 6.10% is a matter which is not clear. The fact

that the appellant has been placed the EEF category shows that he was suffering from a serious ailment. If he is suffering from a minor ailment then

he would be entitled to an alternate job in terms of Regulation 173A of the Pension Regulations. On what basis 6.10% disability has been

determined is not apparent. This appeal is, accordingly, disposed of with the following directions;

I) That so far as requirement to give disability pension is concerned, it is present in this case. This is because there is nothing on the record to

indicate that the appellant was suffering from this disease when he entered the service;

II) A person can acquire the malady of epilepsy on account of hazards of army service. This can be aggravated by army service;

III) That as to how the disability has been quantified at 6.10% for two years is a matter which is required to be looked afresh. The respondents

would constitute a fresh Medical Board who would examine the appellant and would assess the disablement. It if was only for two years, then that

period is over. If it is permanent then something is required to be said in his favour.

IV) That if the disablement is not total, then the case of the appellant for alternate job required to be considered. As a matter of fact the

requirement to consider this aspect of the matter was gone into by the Supreme Court in the case reported an Narendra Kumar Chandla v. State

of Haryana, 1994(2) SCT 571 (SC) : AIR 1995 SC 519. No doubt, the above case dealt with an employee who was looking after Civil duties in

connection with the affairs of the Haryana Electricity Board, Nevertheless, what was said by the Supreme Court in the above case can be adopted

by the Army authorities as well. The case of the appellant be considered in the light of the decision of the Supreme Court of India noticed above.

When Regulation 173A talks of giving alternative job then it would apply to a situation of the type which has arisen in the present case.

Let a decision with regard to matters indicated at S.Nos. III and IV above be taken. Let this be done within a period of three months from the

date a copy of this order is made available by the petitioner to the respondents.