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1999 Supreme(Del) 331

USHA MEHRA, S.N.KAPUR
SATPAL SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
S.M.HOODA, SOHAIL DUTT

Usha Mehra, J.

( 1 ) THE petitioner was enrolled as a combatant soldier in the Army on 9th June, 1982. At the time of enrolment, complete medical checkup was done of the petitioner as prescribed under the military rules. At the time of his induction in the Army, he was not suffering from any kind of disease. No remarks or note to that effect was given by the Medical Board at the time of his entering the service.

( 2 ) THE petitioner after enrolment underwent training and other activities in the peace as well as in the forward areas. In the year 1990 petitioner developed mental problem as a result of which he was admitted in the Military Hospital. On account of his mental ailment he was placed in permanent low medical category eee . After the petitioner was placed in the permanent low medical category he was recommended for Medical Board. The Medical Board which was constituted assessed the disability element of the petitioner above 20% and recommended invalidating out of service the petitioner. The Commanding Officer of the petitioner sanctioned the discharge as well as recommended disability pension w. e. f. 6th July,1991. Duly sanctioned pension claim was forwarded to the Office















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