JUDGMENT
R.L. Anand, J.
1. Tarsem Singh has filed the present
writ petition under Articles 226/227 or the Constitution of India for issuance of a writ of mandamus directing the respondents to pay the disability pension as he was discharged from the military service on medical ground as his disability is attributable to the military service.
2. The case set up by the petitioner is that he joined the Army on 18.9.1976. He served the army upto 12.11.1983. He was enrolled in the rank of G.D.S.M. vide Army No. 13674605. He was discharged on 12.11.1983 vide Book No. 381 on medical grounds as he remained seriously ill while in service and was admitted in the Military Hospital at Jalandhar Cantt., where he was treated for six months and was discharged on medical grounds. The claim of the petitioner for disability pension was rejected by the respondents against which he also preferred an appeal which was also rejected. The petitioner also served a legal notice on 22.6.1993 for the grant of disability pension upon the respondents. He also issued various reminders but to not effect. Hence, the present writ petition.
3. Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations.
4. The respondents admit that the petitioner was discharged from the army as a case of Schizophrenia (295). He was placed in medical category EEE. As per the respondents, the disability of the petitioner was a constitutional disorder not connected with the service, therefore, he is not entitled to the benefit of the disability pension.
5. I have heard the counsel for the parties and with their assistance have gone through the record of this case.
6. Repeatedly it has been held by this High court that the disease Schizophrenia if suffered by the Jawans is attributable to the army service. Otherwise also, it stands established that when the petitioner joined the Army, he was medically examined. He underwent rigourous test and was declared fully fit. As per the Army rules, periodical medical tests are conducted upon the Jawans of the Army. At no point of time, it was found by the medical board that the petitioner was suffering from any constitutional disorder or disease Keeping in view the nature of duties performed by the army personnel, a reasonable inference can always be drawn that this disease is attributable to the army service.
7. In Harjit Singh v. U.O.I., 1998(4) RSJ 462 . 1998(4) SCT 88 (P&H), it was held that the disease Schizophrenia is attributable to army service.
Resultantly, I allow this writ petition and direction: are given to the respondents to release the disability pension of the petitioner within three months from the receipt of a copy of this order, failing which the petitioner shall be entitled to interest @ 12%. However the arrears shall be restricted to 38 months prior to the
institution of the present writ petition. The petitioner shall also get the benefit of disability pension for future on such rates as may be permissible in this case. The petitioner shall appear before the Re-survey Medical Board as and when called. No costs.
8. Petition allowed.