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2002 Supreme(Del) 1725

MADAN B.LOKUR
BHAGWAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ANAMIKA AGRAWAL, B.K.AGARWAL, C.M.KHANNA, G.K.SHARMA, H.G.P.KHATTAR, H.S.RAGHAV, Jayant Bhushan, Jyoti Singh, KIRTIMAN SINGH, MANISHA DHIR, N.L.BAREJA, P.K.Bahl, PRATAP SINGH, REKHA PALLI, S.C.Bhasin, S.M.HOODA, S.R.Kalkal, SACHIN NAVANI, SANJAY JAIN, Saroj Bidawat, Shyam Babu, SUMiT BANSAL, TAMALI VAD, V.K.Agnihotri,

MADAN B. LOKUR

( 1 ) BY this judgement and order, we propose to deal with the matter relating to grant of disability pension to Army personnel below officer rank so that several similar petitions raising similar questions as have been raised in mis petition are disposed of.

( 2 ) THE facts giving rise to this writ petition under Article 226 of the Constitution lie in a narrow compass. The Petitioner was. enrolled in the army as a regular combatant on 11th. January, 1984. Before his enrolment, he was subjected to a detailed medical examination. The petitioner was found medically fit at the time of his joining the Army.

( 3 ) IN the year 1990, the Petitioner developed neurotic depression. He was admitted to the Army Hospital on 7th December, 1990 at Nazirabad. Thereafter, he was transferred to a hospital in Jodhpur on 30th December, 1990.

( 4 ) ON 10th April, 1991, the Petitioner was recommended for being invalided out from the Army by the Medical Board. The Graded specialist (Psychiatry) opined thai: -

"taking into account his, basic inadequate personality and the perennial nature of his domestic stressors which had precipitated and perpetuated the neurotic breakdown in a predisposed














































































































































































































































































































































































































































































































































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