2006 Supreme(Del) 1225

High Court Of Delhi
Swatanter Kumar, G. S. Sistani
EX.CFN.SUGNA RAM RANOLIYA - Appellant
Versus
UNION OF INDIA - Respondents
W. P. (C) 3699 Of 2004
Decided On : 07/27/2006

The disease psychoneurosis was neither attributable to nor aggravated by military service though the disability of the petitioner was stated to be 40%.

Headnote:

The petitioner was enrolled as a member of the Indian Army as Tele Communication Mechanic (Radio) in Corps of EME. Before his induction into Army, the petitioner was put to rigorous selection process involving physical tests, written tests and medical examination. He was found physically and mentally fit in all respects and was placed in medical category AYE which means completely fit. The petitioner underwent strenuous training at EME centre, Securiderabad for a period of more than three years. During the course of training and at the end of the training in the year 1994, the petitioner was again subjected to medical examination and was always found medically fit and placed in medical category AYE. Thereafter, he was posted to 196 (Indep) Field Workshop company which was locatmath which is situated at a height of approximately 6400 ft. and being surrounded by high snow hills. The weather there was extremely cold. The petitioner developed some physical problems due to extreme cold climate and arduous working conditions. He was brought to Military hospital, Bareilly where he remained under treatment and was placed in low medical category CEE (temporary) for six months. Classified specialist Lt. Col. S. Chaudhary in Psychiatry expressed his opinion as "no feature of psychosis. He has responded satisfactorily to treatment. . . . " The Medical Board had specifically mentioned in his report that petitioner at that time was unfit for high altitude area posting or posting at extreme cold regions. Despite these specific directions of the medical Board, the petitioner was again sent to the same unit where he remained for a further period of ten months. Instead of showing improvement the condition of the petitioner worsened. The petitioner was again subjected to Medical Board on 6. 10. 95 and on repeated recommendation of the Board, the petitioner was transferred to 604 EME battalion at Allahabad in March, 1996. He was posted to 288 Armed Workshop company located in field area in Rajasthan. In August, 1999 the petitioner was admitted to MH Bikanare for review but soon after he was transferred to Base hospital Delhi Cantt. where he was downgraded from Medical Category BEE to eee (Permanent ). This happened despite the fact that the condition of the petitioner stabilized during the posting in the peace area where weather conditions and working conditions were not so strenuous. Due to exposure to extreme climate coupled with arduous nature of duties that he had to perform, the disease was aggravated within a short span of 5-6 months as a result of which, he was permanently downgraded to category EEE (Permanent ). In terms of Army order 146/77 the petitioner was in BEE medical category and was fit to perform his duties with certain restrictions but the respondents arbitrarily downgraded the medical category to EEE and he was invalided out from Army service on 9. 11. 1999. The petitioner filed a writ petition before the High Court which was allowed in terms of the order of the High Court passed in the case of Ex. Ct. Jasbir singh v. Union of India and Others. Vide letter dated 18/5/2003 the petitioner again requested the respondents to comply with the orders of the Court and to release the disability pension in favour of the petitioner, however, vide letter dated 5/2/2004 the respondents still rejected the claim of the petitioner saying that the petitioner was not entitled to the grant of disability pension. Compelled by these circumstances, the petitioner filed a contempt petition being CCP No. 108/2004 for disobeying the orders of the Court dated 6/3/2003 but the same was disposed of permitting the petitioner to challenge the impugned order dated 5/2/2004 by filing a substantive writ petition. This is how the present writ petition has been filed by the petitioner questioning the correctness of the order dated 5/2/2004 passed by the respondents as well as bringing out the conduct of the respondents which is stated to be arbitrary and unfair. The High Court held that the petitioner was entitled to disability pension as the disease psychoneurosis was neither attributable to nor aggravated by military service though the disability of the petitioner was stated to be 40%.

Fact of the Case:

The petitioner was enrolled as a member of the Indian Army as Tele Communication Mechanic (Radio) in Corps of EME. Before his induction into Army, the petitioner was put to rigorous selection process involving physical tests, written tests and medical examination. He was found physically and mentally fit in all respects and was placed in medical category AYE which means completely fit. The petitioner underwent strenuous training at EME centre, Securiderabad for a period of more than three years. During the course of training and at the end of the training in the year 1994, the petitioner was again subjected to medical examination and was always found medically fit and placed in medical category AYE. Thereafter, he was posted to 196 (Indep) Field Workshop company which was locatmath which is situated at a height of approximately 6400 ft. and being surrounded by high snow hills. The weather there was extremely cold. The petitioner developed some physical problems due to extreme cold climate and arduous working conditions. He was brought to Military hospital, Bareilly where he remained under treatment and was placed in low medical category CEE (temporary) for six months. Classified specialist Lt. Col. S. Chaudhary in Psychiatry expressed his opinion as "no feature of psychosis. He has responded satisfactorily to treatment. . . . " The Medical Board had specifically mentioned in his report that petitioner at that time was unfit for high altitude area posting or posting at extreme cold regions. Despite these specific directions of the medical Board, the petitioner was again sent to the same unit where he remained for a further period of ten months. Instead of showing improvement the condition of the petitioner worsened. The petitioner was again subjected to Medical Board on 6. 10. 95 and on repeated recommendation of the Board, the petitioner was transferred to 604 EME battalion at Allahabad in March, 1996. He was posted to 288 Armed Workshop company located in field area in Rajasthan. In August, 1999 the petitioner was admitted to MH Bikanare for review but soon after he was transferred to Base hospital Delhi Cantt. where he was downgraded from Medical Category BEE to eee (Permanent ). This happened despite the fact that the condition of the petitioner stabilized during the posting in the peace area where weather conditions and working conditions were not so strenuous. Due to exposure to extreme climate coupled with arduous nature of duties that he had to perform, the disease was aggravated within a short span of 5-6 months as a result of which, he was permanently downgraded to category EEE (Permanent ). In terms of Army order 146/77 the petitioner was in BEE medical category and was fit to perform his duties with certain restrictions but the respondents arbitrarily downgraded the medical category to EEE and he was invalided out from Army service on 9. 11. 1999.

Finding of the Court:

The High Court held that the petitioner was entitled to disability pension as the disease psychoneurosis was neither attributable to nor aggravated by military service though the disability of the petitioner was stated to be 40%.

Issues: Whether the petitioner was entitled to disability pension.

Ratio Decidendi: The High Court held that the petitioner was entitled to disability pension as the disease psychoneurosis was neither attributable to nor aggravated by military service though the disability of the petitioner was stated to be 40%.

Final Decision: The High Court allowed the writ petition and directed the respondents to consider and grant disability pension to the petitioner as he fully satisfies the ingredients of regulation 173, within a period of three months from the date of passing of this order.