Punjab-Haryana High Court
Ex-Sep. Satminder Singh vs Union Of India on 15 January, 2001
Author: R.L. Anand
Bench: R.L. Anand
JUDGMENT R.L. Anand, J.
1. Ex-Sepoy Shri Satminder Singh has filed the present writ petition under Articles 226/227 of the Constitution of India against the respondents and he has prayed that suitable direction be issued to the respondents to grant him the benefit of disability pension with effect from 23.3.1986 onwards besides interest.
2. The case set up by the petitioner is that he was born on 30.11.1960. He joined the army on 9.3.1979. He rendered service in J & K and also participated in Operations Harnet. He was invalidated out from service on 22.3.1986 on medical ground. He was eligible to the disability pension but it has been declined to him on the ground that the disease suffered by him is not attributable to the army service.
3. Notice of the writ petition was given to the respondents. The stand of the respondents is that the disease "Neurosis" suffered by the petitioner, is not related with the army service nor it has been aggravated during the service of the petitioner in the army. The second defence taken up by the respondents was that petitioner was invalidated out from service in the year 1986. He has filed the present writ petition after a lapse of 12 years in the year 1998 and. therefore, he is not entitled to any relief.
4. I have heard Shri B.S.Sehgal. 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 the case.
5. It is not disputed that when the petitioner joined the army, he was subjected to medical test and he was found fully fit in all respects and was placed in category "A". It is also not disputed that the petitioner was invalidated out from service on medical ground and his disability was assessed at 20% and he was placed in medical category "EEE" permanent.
6. The only dispute is whether the disease "Neurosis" suffered by the petitioner is attributable to the army service or not and the answer of this Court is in the affirmative. This type of disease is invariably suffered by the Jawans on account of their arduous duties which they perform at various stations of postings. Even their training is such a difficult affair that many Jawans during training period suffer these types of diseases. The matter is not being adjudicated for the first lime but similar point also arose earlier before the Hon'ble Supreme Court, which affirmed the judgment dated 26.9.1997 passed by the Delhi High Court in C.W.P.No.3345 of 199S. Also the matter was adjudicated in 1998(4) RSJ 467 Union of India and others v. Ex. Sepoy Satwinder Singh through his wife Smt. Kulwant Kaur and also by this Court in C.W.P. No. 6668 of 1998, decided on 10.7.2600, titled Satnam Singh v. Union of India and others. I am of the opinion that the disease suffered by the petitioner is attributable to the army service and, therefore, he is entitled to the benefit of disability pension but only for a period of 38 months, prior to the date of the filing of the present writ petition.
7. In these circumstances, the writ petition is allowed and directions are given to the respondents to release the benefit of disability pension for a period of 38 months which shall be calculated and computed prior to the date of the filing of the writ petition. Of course, the petitioner shall be entitled to future benefit of disability pension. The amount of disability pension shall "be released to the petitioner within three months from the receipt of the copy of this order, failing which the respondent-authority shall also pay interest at the rate of 12% per annum. There shall be no order as to costs. The petitioner shall appear before the Re-survey Medical Board as and when called upon by the respondents-authority. If the disability of the petitioner varies, he shall be entitled to the disability pension according to the rules.
8. Petition allowed.