Posted On by &filed under High Court, Punjab-Haryana High Court.


Punjab-Haryana High Court
Ex-Sergeant Nachhatar Singh vs Union Of India And Others on 13 November, 2000
Author: R Anand
Bench: R Anand


JUDGMENT

R.L. Anand, J.

1. Ex-Sergeant Nachhatar Singh has filed the present writ petition under Articles 226/227 of the Constitution of India and has prayed for issuance of a writ of mandamus directing the respondents to grant him the benefits of disability pension.

2, The case set up by the petitioner is that he joined the service in Air Force on 8.1.1972 as Air Craft Man. His recruitment was done after thorough medical examination in which he was found fit. During his service tenure he was always praised by his seniors for his dextorious attitude towards and for this very reason he got promotions. In the year 1976-77, the petitioner worked in high altitude areas such like Leh and his work and conduct was always found satisfactory as there was no complaint against him of any kind. When he was posted at Machhuka (Arunachal Pradesh), he was isolated from the rest of the world as the Air Base

(Zero) is the last point of Indian Border. Due to total isolation he initially became restless and then started phobia of total insecurity and death. He became victim of particular service conditions and his mental balance was disturbed. Initially he recovered from the stress and strain, but he developed schizophrenia. He was admitted to Command Hospital. On 7.8.1989 he was discharged from the services on medical grounds. He filed an appeal for grant of disability pension, but the same was also rejected on 30.11.1993 on the ground that the disease suffered by him was not attributable to Air Force Service. He also made a representation on 31.3.1998 for the reconstitution of Re-Survey Medical Board, which also met the same fate. According to the petitioner, he suffered the disease when he was serving the Air Force and, therefore, he is entitled to the benefits of disability pension.

3. The notice of writ petition was given to the respondents, who filed the reply and denied the allegations. According to the respondents, the disease suffered by the petitioner is not attributable to any of the service conditions.

4. 1 have heard Mr. D.K. Bhatti, Advocate on behalf of the petitioner, Mr. C.M. Sharma, Advocate on behalf of Union of India and with their assistance have gone through the records of the case.

5. When the petitioner joined the service, he was subjected to medical test and was declared fully fit. It is the common case of the parties that the petitioner was discharged from the Air Force on 7.8.1989 on medical grounds when he suffered the disease schizophrenia. In these circumstances, the disease suffered by the petitioner is attributable to the Air Force Service and he is entitled to the benefits of disability pension w.e.f. the date of his discharge.

6. Resultantly, the writ is allowed and directions are given to the respondent-authorities to release the benefits of disability pension to the petitioner from the date of his discharge within three months from today, failing which he snail be entitled to interest @ 12% per annum. No order as to costs.

Copy Dasti.

7. Petition allowed.


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