The central legal point established in the judgment is that the disability from which the petitioner suffered and which led to his invalidation out of service occurred due to the hazards of army service, as per the assessment made by the Medical Board, entitling the petitioner to disability pension.

1. Petitioner is seeking writ in the nature of mandamus commanding upon respondents to release disability pension in his favour w.e.f., the date, he was invalidated out of service on medical grounds.

2. Petitioner came to be enrolled in the army on 23rd of Sept76. After serving for about six years, he was invalidated out of service due to disability namely Non Organic Psychosis 298.

3. The grievance of the petitioner is that at the time of enrolment, he was not suffering from any such disease and it was only due to the stress and strain of army service that the petitioner came to suffer from the said disease.

4. It is stated that the petitioner was placed in Low Medical Category `EEE and was ultimately boarded out of service on 26th of Oct82, but was denied the disability pension. It is this non grant of disability pension, which is the subject matter of challenge in the present petition.

5. Learned counsel for the petitioner submits that at the time of enrolment, a proper medical check up is done by the concerned army authorities of the individual concerned. It is stated that the petitioner was not found suffering from any such disability which has led to his invalidation out of service and was quite hale and hearty. It is stated that under such circumstances, when no note is made that the individual concerned is suffering from any disease, then the disability from which an army personnel suffers and which leads to his invalidation out of service is to be taken a disability on account of hazards of army service. Reliance in this regard is placed on a Division Bench judgment of this court reported as 1999(2) SCT 39, Union of India v. Rattan Lal. It is thus submitted that the respondent Union of India has wrongly rejected the claim of the petitioner for grant of disability pension.

6. Respondents on notice have filed counter stating therein that petitioner after his enrolment on 23rd of Sept76, and completion of requisite training was posted to 3 JAK Rif on 29th of July77. He was invalidated out of service under Army Rule 13(3) item III(iii) w.e.f. 26th of Oct82, due to invaliding disability namely Non Organic Psychosis 298 and placed in Low Medical Category EEE. It is stated that the claim of the petitioner for disability pension was forwarded to the CDA(P), Allahabad, on 7th of March83, but the same was rejected on the ground that the disability from the which the petitioner suffered is a constitutional disease not related to service. Against the said order, the petitioner had preferred an appeal, which was also dismissed. It is thus stated that the petitioner cannot have any grievance so far as non grant of disability pension is concerned because, the disability of the petitioner has been found aggravated by military service.

7. The disability in the present case from which the petitioner suffered and which led to his invalidation out of service, as noticed above, is Non-Organic Psychosis 298, which is a mental disorder. In Butterworths Medical dictionary Second Edition, the word Psychosis has been defined as under:-

"Psychosis: A term applied generally to any kind of mental disorder, especially to those groups in which the disorder is more serious, more fundamental, and characterized by lack of insight, as distinct from psychoneurosis." The word Organic Psychosis is defined as under:-

"Organic Psychosis: Psychosis attributable to organic disease of the brain."

8. There is an Annexure III to Appendix II in the Rules of Army Pension Regulations 1961, which deals with the classification of various diseases. Under column B, the diseases which are affected by stress and strain have also been classified. Psychosis and Psychoneurosis have also been mentioned at Sl.No.l under the above column to be the diseases which are so affected by the stress and strain of army service. As noticed above, the aforementioned diseases relate to mental disorder. The respondent authority while making its opinion that the disability of the petitioner namely N

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