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2010 Supreme(Gau) 55

T.VAIPHEI
EX RFN Uadibeer Singh – Appellant
Versus
Union of India and Ors. – Respondent


Advocates Appeared:
S.C.Shyam, R.Jha, M.Jha

1. The entitlement of the petitioner, who has been discharged from Assam Rifles Service on medical grounds, to invalid pension or disability pension, is the subject-matter of this writ petition.

2. The facts of the case are not in dispute. The petitioner was enrolled as a General Duty recruit in the Assam Rifles on 24.10.1993, and was allotted regimental No. 163840 in the Medical Category of "AAA". On completion of basic training, he was posted to 16 Assam Rifles. The onset of Psychosis has occurred in August 1997 while he was on 30 days' leave. He had consulted a Psychiatrist at Aligarh who diagnosed him as a case of acute psychosis. He further availed of 78 days' of extraordinary leave from 18.8.1997 to 4.12.1997, and was treated at LGB Institute of Mental Health as a case of Schizophrenia where he was managed with Anti-Psychosis medication and was accordingly advised for maintenance therapy in March 1998. Even after this, there was apparently no marked improvement and he continued to display abnormal behaviour. He was thereafter referred to 155 Base Hospital for Psychiatric Evaluation in January 1999 where he was diagnosed with ECT and anti-psychosis. On 5.12.2000, he deserted hi


































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