Armed Forces: Military service – Disability pension – Appellant was appointed as Craftsman (Military Rank) and was posted at peace station – Invaliding Medical Board found him suffering from Schizophrenia which disability was assessed at 20% for a period of five years and held that the disability was neither attributed nor aggravated by military service – Consequently, he was discharged from service – Claim for disability pension – Rejected by the Armed Forces Tribunal – Plea of appellant that since no note was given at the time of enrolment in the Army, therefore, such disability was to be attributed to military service – Held: It is not mechanical application of the principle that any disorder not mentioned at the time of enrolment is presumed to be attributed to or aggravated by military service – The question is as to whether the person was posted in harsh and adverse conditions which led to mental imbalance – Mere fact that Schizophrenia, a mental disorder was not noticed at the time of enrolment would not lead to presumption that the disease was aggravated or attributable to military service – Appellant was a young boy of 18 years at the time of enrolment – Even if he was suffering from any mental disorder prior to enrolment, the same could not be detected as there were intervals of normality – He was posted in peace station as a Vehicle Mechanic – Neither the nature of job nor the place of posting was such which could have caused stress and strain leading to disability as attributed to or aggravated by military service – In this case, clause 14(d) of 1982 Rules, as amended in the year 1996 would be applicable as entitlement to disability pension shall not be considered unless it is clearly established that the cause of such disease was adversely affected due to factors related to conditions of military service – The invaliding Medical Board categorically held that the appellant was not fit for further service and there was no material on record to doubt the correctness of the Report of the invaliding Medical Board – Interference not called for – Guide to Medical Officers (Military Pensions), 2002 - “Entitlement: General Principles – Guide to Medical Officers (Military Pensions), 1980 – Entitlement Rules for Casualty Pensionary Awards, 1982.
Administrative law: Opinion of Medical Board – Judicial review of, scope – Held: Though, the opinion of the Medical Board is subject to judicial review but the Courts are not possessed of expertise to dispute such report unless there is strong medical evidence on record to dispute the opinion of the Medical Board which may warrant the constitution of the Review Medical Board – Armed Forces.
Dismissing the appeal, the Court
HELD: 1. Annexure I to Chapter IV of the Guide to Medical Officers (Military Pensions), 2002 — “Entitlement: General Principles” points to certain diseases which may be undetectable by physical examination on enrolment including the Mental Disorders; Epilepsy and Relapsing forms of mental disorders which have intervals of normality, unless adequate history is given at the time by the member. The Entitlement Rules itself provide that certain diseases ordinarily escape detection including Epilepsy and Mental Disorder, therefore, mere fact that Schizophrenia, a mental disorder was not noticed at the time of enrolment will not lead to presumption that the disease was aggravated or attributable to military service. [Para 16] [272-C-E]
2. The 1982 Rules classify the diseases which are affected by climatic conditions, stress and strain and dietary complications. The stress and strain cause the injuries such as Psychosis and Psychoneurosis, Bronchial Asthma, Myocardial infarction, and other forms of IHD and Peptic ulcer.” Therefore, each case has to be examined whether the duties assigned to the individual may have led to stress and strain leading to Psychosis and psychoneurosis. Relapsing forms of mental disorders which have intervals of normality and Epilepsy are undetectable diseases while carrying out physical examination on enrolment, unless adequate history is given at the time by the member. [Paras 17, 18][272-F-H]
3. The appellant was posted in peace station as a Vehicle Mechanic. Clause 14(d), as amended in the year 1996 would be applicable in his case as entitlement to disability pension shall not be considered unless it is clearly established that the cause of such disease was adversely affected due to factors related to conditions of military service. Since there is a possibility of nondetection of mental disorder, therefore, it cannot be said that Schizophrenia is presumed to be attributed to or aggravated by military service. Though, the opinion of the Medical Board is subject to judicial review but the Courts are not possessed of expertise to dispute such report unless there is strong medical evidence on record to dispute the opinion of the Medical Board which may warrant the constitution of the Review Medical Board. [Paras 19, 20, 21][272-B, D-E]
Ex. Gnr. Laxmanram Poonia (Dead) through Legal Representatives v. Union of India & Ors. (2017) 4 SCC
697 : [2017] 2 SCR 220; Dharamvir Singh v. Union of India & Ors. (2013) 7 SCC 316 : [2013] SCR 1119; Union of India & Anr. v. Rajbir Singh (2015) 12 SCC
264 : [2015] 2 SCR 183; Veer Pal Singh v. Secretary, Ministry of Defence (2013) 8 SCC 83 : [2013] 10 SCR
579 – referred to
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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