IMPORTANT POINT
A decease not noticed at the time of enrolment, will not invariably lead to presumption that the disease was aggravated or attributable to military service.

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the Armed Forces Tribunal, Lucknow [for short ‘Tribunal’] on September 23, 2011 whereby, the claim of the appellant for grant of disability pension was not accepted.

2. The appellant was enrolled in the Indian Army on December 2, 2003. The invaliding Medical Board found the appellant to be suffering from Schizophrenia, which disability was assessed at 20% for a period of five years. The opinion of the Board was that disability was neither attributable to nor aggravated by military service and consequently, the appellant was discharged from army service on May 8, 2007. The claim of the appellant for disability pension was rejected departmentally and later by the Tribunal and still aggrieved, the appellant is before this Court.

3. The appellant was appointed as CFN-Craftsman (Military Rank). In Annexure RP-1 which includes the signed Personal Statement of the appellant, he was posted at 3-EME Centre, Bhopal from December 2, 2003 to August 23, 2005 and thereafter at AD Static Workshop from August 24, 2005 till the time, he was produced before the invaliding Medical Board. Both the places of posting of the appellant were the peace stations. In respect of disease, the appellant declared that he was treated, firstly, at INHS, Nivarini Chilka on September 7 and 8, 2006, then, at Command Hospital, Kolkata from September 9, 2006 to December 23, 2006. Thereafter, he was treated at Military Hospital, Allahabad from January 21, 2007 to February 21, 2007 and finally, at Command Hospital, Kolkata from February 23, 2007 till the time, he was examined by the invaliding Medical Board. In Part I of the Personal Statement, the Question asked was to “Give details of any incidents during your service which you think caused or made your disability worse.” The answer given by the appellant was NIL. In Part-II of the Report, the Commanding Officer answered ‘No’ to the question - “Did the Duties involve Severe/exceptional stress and strain?”

4. The summary and opinion of the Specialist in Psychiatry of Command Hospital (Eastern Command), Kolkata dated April 10, 2007 read as under:-

“Summary

AFMSF-10 dated 07 Sep 06 mentions “punctual, disciplines, dedicated, social drinker, above average competence, cheerful, active and outgoing, retention recommended, developed fever and headache on 06 Sep 06 following which he was noted to be behaving abnormally.

History of Present Illness:

Individual was brought to psychiatric attention in mid Sep at the behest of unit authorities as he was talking irrelevantly, laughing and crying for no apparent reason, in the background of febrile episode. Apparently functioning well until Sep 06 when he was noted to be aloof, lacked interest in his work, not taking self care nor reporting for duty in time. Found to be wandering aimlessly in the unit. Felt that others were planning to harm him; could hear them talking about him. Further when onboard the train to Vizag felt he was being followed and things happening around him was in reference to him. When offered fruits by co-passenger felt it had a special meaning often noted to be taking irrelevantly, crying for his mother who had died about 12 years back. Felt that others came to know what he was thinking. Become violent when others tried to stop him or gave instructions to follow.”

“Opinion

21½ years old EME/Veh Mech with nearly 3½ years service, no past or family h/o psychiatric illness. Had a psychotic breakdown of schizophrenic nature in Sep 06 Managed as a case of Schizophrenia F-20