Disability pension claims require proof that the condition is attributable to or aggravated by military service; a brief service duration limits such claims.

JUDGMENT

Manmohan, J. (Oral):--Present writ petition has been filed challenging the order dated 26th February, 2020 passed by the Armed Forces Tribunal - Principal Bench, New Delhi in OA No. 470/2015, whereby petitioner's claim for disability pension has been rejected. Petitioner also prays for a direction to the respondents to grant disability pension to the petitioner w.e.f. 26th June, 2013 @ 60% (rounding off 75%) along with interest @18% thereon. The relevant portion of the impugned order is reproduced hereinbelow:-

"6. On careful perusal of the medical documents, it has been observed that the applicant was enrolled on 24.09.2012 and the disease had first started on 12.12.2012 i.e. within three months of joining the service. He was administered treatment at Base Hospital, Delhi Cantt. On admission in the Hospital the case history of the applicant was endorsed by Lt Col Siddharth Dixit, Classified Specialist (Psy) as under:-

History of present illness. This recruit 7was apparently well about till last week of Nov 12 while undergoing recruitment training at Raj Rif (w.e.f. 24 Sep 2012 till 12 Dec 12), He was noted to remain aloof, socially withdrawn and crying intermittently. He felt people around him are plotting against him and trying to harm him. He became anxious, fearful, and kept to himself. He was heard claiming "gaon walon nai jaal bichaya hai woh chalnai main rukawat dalate hain tab main theek say chal nahin paata." He was seen by his colleagues to muttering and gesticulating also. He has complained of hearing voices of person commenting in derogatory manner and threatening him (maar doonga bahar aa sonai nahin doonga). He was worried and tried intermittently. He neglected personal hygiene and food intake. Over another week he stopped attending to routine duties at training centre and remained awake at the night. Noticing his behavioural abnormalities he was admitted along with escorts for further management by psychiatrist at BHDC. He h/o fever head injury or substance abuse.

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Management Recommended. In view of genetic loading first degree relative, poor response to treatment modality and onset of psychotic breakdown during recruit phase of training he is unlikely to withstand stress and strain of soldiers life. Hence recommended to be invalided out of service.

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7. In the above scenario, we are of the option that since the disease has started in less than three months of his enrolment, hence by no stretch of imagination, it can be concluded that it has been caused by stress and strains of military service. Additionally, it is well known that mental disorders can escape detection at the time of enrolment hence benefit of doubt cannot be given to the applicant merely on the ground that the disease could not be detected at the time of enrolment. Since there is no casual connection between this disease and military service, hence we are in agreement with the opinion of the IMB that the disease is NANA. Additionally, a recruit is akin to a probationer and hence prima facie the respondents as an employer have every right to discharge a recruit who is not meeting the medical requirement of military service and is not likely to become a good soldier. In view of the foregoing and the fact that the disease manifested in less than three months, of enrolment, we are in agreement with the opinion of IMB that the disease is NANA."

2. Learned counsel for the petitioner states that the petitioner was not suffering from any disability at the time of enrollment and was found to be medically fit at that time by the medical board. He points out that the petitioner developed the disability during basic training and therefore, the petitioner is entitled to the disability pension. He emphasizes that the disease of the petitioner is either attributable to or aggravated due to stress and strain of military service as the Medical Board made no note of the disease at the time