C.W.P.No.16781 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.16781 of 2007(O&M) Decided on : 05-03-2009 Ex. Warrant Officer Parmjit Singh ....Petitioner VERSUS Union of India and others ....Respondents CORAM:-HON'BLE MR. JUSTICE AJAI LAMBA. Present:-Mr. R.S. Panghal, Advocate for the petitioner. Mr. S.K. Sharma, Advocate for the respondents. AJAI LAMBA, J(Oral) C.M. No.12230 of 2008 Application is allowed. Written statement filed on behalf of respondents is taken on record. C.W.P.No.16781 of 2007 This civil writ petition has been filed under Articles 226/227 of the Constitution of India by Ex. Warrant Officer Parmjit Singh, praying for issuance of writ in the nature of certiorari for quashing orders dated 27.5.2004 (Annexure P-3), C.W.P.No.16781 of 2007 -2- order dated 14.7.2005 (Annexure P-9) and order dated 12.7.2007 (Annexure P-11). The effect of the orders impugned in this petition is that claim of the petitioner for disability pension has been denied. It has been pleaded that the petitioner was enrolled in the service of the Indian Air Force on 15.10.1963. At the time of induction, the petitioner was medically examined and was found fit. During the tenure of service, the petitioner was posted at a number of places including Manauri (Allahabad), Amritsar, Chabua (Arunachal Pradesh), Bangalore, Nagpur, Jodhpur, Karnikobar and Shillong. The petitioner served the country during the 1965 Operations, 1971 Operations and Kargil War. It has been pleaded that on account of stressful nature of job, the petitioner was affected by Affective Psychosis. While he was posted in Karnikobar, the disease developed permanent nature. At the time of release, the petitioner was placed in the Low Medical Category i.e. 'CEE' Permanent, with the disability degree of 27%, rounded to 30%. Despite representations having been made by the petitioner, the claim for disability pension of the petitioner was not processed. The petitioner received communication dated 15.5.2004 (Annexure P-2), wherein he was intimated that disability pension claim had been forwarded to Joint Controller of Defence Accounts C.W.P.No.16781 of 2007 -3- (Air Force) (for short 'JCDA') and whenever a decision is taken, it would be conveyed. It seems that the decision was conveyed vide letter dated 27.05.2004 (Annexure P-3). Annexure P-3 indicates that the Principal Controller of Defence Accounts (Pension) [for short PCDA(P)], took a decision that the ailment of the petitioner was neither attributable to nor aggravated by Air Force service. The petitioner was given an opportunity to prefer an appeal against the decision. The petitioner accordingly availed of the opportunity to file appeal vide Annexure P-5, dated 11.11.2004. The Appellate Authority vide order dated 14.07.2005 (Annexure P-9) dismissed the appeal on the pretext that the disability was neither attributable to nor aggravated by Air Force Service. The petitioner filed Final appeal, which has been dealt with and dismissed vide order dated 3.8.2007 (Annexure P-11), however, without assigning any reason. Learned counsel for the respondents states that the decision taken by the Release Medical Board itself indicates that the disability was netither attributable to nor aggravated by Air Force service, although disability had been assessed at 30% initially for 2 years. The findings have been affirmed by PCDA C.W.P.No.16781 of 2007 -4- (P) and thereafter, by the First Appellate Authority and Final Appellate Authority. The orders have been passed by the Authorities having competent jurisdiction and no interference in writ jurisdiction is called for. I have considered the issue. In context of the issue, reference may be made to judgment rendered by a Division Bench of this Court in Ex Sepoy Bhola Ram v. Union of India and others, 2008 (2) Service Cases Today 380. Application of Provisions Regulation 173 of Army Pension Regulations has been considered. The provisions are pari materia with the provisions applicable to Air Force (Regulation 153 of Pension Regulations for Air Force, 1961). The following has been held by this court:- “8. Appendix II, referred to in Army Regulation 173, contains Entitlement Rules for Casualty Pensionary Awards, 1982. Annexure III to Appendix II mentions Classification of Disease. At Clause B, list of Diseases Affected by Stress and Strain are mentioned. The disease “Psychosis and Psychoneurosis” is mentioned in Clause B at serial No.1. The disease mentioned as “Psychosis and Psychoneurosis” in Annexure III to Appendix II ibid or “Unspecified Psychosis”, from which the petitioner is suffering, is one and the same. Psychosis means mental illness and neurosis means a mental state resulting in high level of anxiety, C.W.P.No.16781 of 2007 -5- unreasonable fears and behaviour. It is, thus, clear that the disease “Unspecified Psychosis”, suffered by the petitioner, is included in the list of Diseases Affected by Stress and Strain mentioned in Annexure III to Appendix II ibid. Therefore, the action of the respondents in declining disability pension to the petitioner for the disease “Unspecified Psychosis”, which is attributable to and aggravated by Army service, cannot be upheld. Accordingly, the orders passed by the respondents in this regard are set aside. 9. For the aforesaid reasons, this writ petition is allowed and the petitioner is held entitled to 20% disability pension on account of the disease “Unspecified Psychosis” suffered by him during Army service. He has already been granted 20% disability pension for the disease “Cervical Spondylosis”. However, the petitioner having been discharged from D.S.C. On February 28, 2002 because of the diseases “Cervical Spondylosis” and “Unspecified Psychosis”, in view of the letter dated February 03, 2000 issued by the Government of India, Ministry of personnel, Public Grievances & Pensions, Department of Pension & Pensioners' Welfare, New Delhi, whereby in case of percentage of disability assessed at less than 50%, the percentage for computation C.W.P.No.16781 of 2007 -6- of disability pension is to be reckoned as 50%, the petitioner is held entitled to disability pension at the rate of 50%. This pension, with all consequential benefits, will be paid to him from the date of his retirement. The respondents shall pay all the arrears to the petitioner within two months from the date of receipt of a copy of this order, failing which the petitioner will be entitled to interest at the rate of nine per cent annum.” The facts of this case, when collectively considered, indicate that the petitioner was enrolled in the Indian Air Force on 15.10.1963. There is no material to show that the petitioner suffered from any ailment or disability at the time of recruitment. The petitioner was discharged from service on 31.10.2000 on fulfilling the condition of his enrolment i.e. after 37 years, 11 months and 16 days. It is not in dispute that at that point of time, the petitioner carried a disability to the extent of 30% on account of ailment termed as "Affective Pshychosis". The Release Medical Board, prior to discharge, gave the opinion that the disability "Affective Psychosis (Bipolar)" was not connected with service. PCDA(P) also rejected the claim for disability pension for reasons given above, which finding has been affirmed in First Appeal and Final Appeal. C.W.P.No.16781 of 2007 -7- The stand of the respondents, as contained in para 2 "brief facts of the case", as given out in the written statement, is as follows:- “That on 25 March 1997, he was admitted to MH Amritsar with vague somatic complaints viz weakness, lethargy, feeling of sadness and disturbance in sleeping. He was investigated by medical specialist and transferred to MH Jalandhar Cantt. for Psychiatric observation and management on 04 April 1997. On admission to MH Jalandhar, he was seen by Psychiatrist and diagnosed as a case of Affective psychosis (Bipolar). His past history revealed that he had suffered form depression in July 1983 and was observed in lower medical category in CCE (T) for 2 years, from February 1984 to March 1985. He was upgraded to medical category 'AYE' in 1985. No family history of any psychological illness was present. Relevant investigations anti-depressants, ECT and psychotherapy. He was placed in LMC CEE (T-24) weeks vide AFMSF- 15 dated 20 November 1997. The relevant Regulation i.e. Regulation 153 of the Pension Regulations for Air Force, 1961, are required to be taken into account for adjudicating the issue. The same reads as under:- “Primary conditions for the grant of disability pension. “153. Unless otherwise specifically provided, a disability pension may be granted to an individual who is invalided from service on account of a disability which is attributable to or aggravated by air C.W.P.No.16781 of 2007 -8- force service and is assessed at 20 per cent or over. The question whether a disability is attributable to or aggravated by air force service shall be determined under the regulations in Appendix II.” “ANNEXURE III TO APPENDIX II B DISEASES AFFECTED BY STRESS AND STRAIN 1.Psychosis and Psychoneurosis. 2.Hypertension (B.P.) 3.Pulmonary Tuberculosis. 4.Pulmonary Tuberculosis with Pleural effusion. 5.Tuberculosis (Non-Pulmonary). 6.Mitral Stennosis 7.Pericarditis and adherent pericardium. 8.Sub-acute bacterial endo-carditis (including infective endo-cardities). 9.Myocardities (acute and chronic). 10.Valvular disease. 11.Myocardial infarction and other forms of IHD. 12.Cerebral haemorrhage and cerehral infarction. 13.Peptic Ulcer.” Considering the Regulation itself, it becomes evident that Annexure III to Appendix II mentions the diseases affected by stress and strain. Psychosis and Psychoneurosis is one such disease. The petitioner, admittedly, suffered from Affective Psychosis. Another determining factor in this case would be that it is C.W.P.No.16781 of 2007 -9- the admitted case of the respondents, as is evident from the above extracted portion of the written statement, that there is no family history of psychological illness in the case of the petitioner. It further needs to be noticed that no material has been placed on record to indicate that a note had been given at the time of release by the Medical Board to the effect that the disease could not be detected on medical examination, when the petitioner joined Indian Air Force. The petitioner had no such ailment at the time of joining Air Force in 1963. The petitioner has no family history of having the disease. After serving the Force for 35 years the petitioner is found to be affected by the disease. In view of these circumstances it has to be concluded that the petitioner has been affected by 'Affective Psychosis' on account of stress and strain suffered while in service. In view of these facts and circumstances, I am of the considered view that the petitioner suffered the disability on account of stress and strain of service and the same is attributable to service. The case of the petitioner also finds support from the judicial pronouncement in Ex Sepoy Bola Ram's case (supra) In view of the above, this petition is allowed. Impugned orders dated 27.5.2004 (Annexure P-3), order dated 14.7.2005 (Annexure P-9) and order dated 12.7.2007(Annexure P-11) are C.W.P.No.16781 of 2007 -10- hereby quashed. Arrears of disability pension would be released to the petitioner within 4 months of receipt of certified copy of the order, considering the disability of the petitioner at 30% as had been determined by the Medical Board. 5th March, 2009. (Ajai Lamba) Monika Judge