IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.661 of 2010 1. EX.1451331 N-SEP ARJUN SINGH S/O LATE UDIT SINGH R/O VILL.- INDWAS, P.O. BHANDARI, P.S.- RAGHUI, DISTT.- NALANDA (BIHAR) Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, GOVT. OF INDIA, NEW DELHI 2. THE CHIEF OF THE ARMY STAFF, SENA BHAWAN, NEW DELHI 3. THE COMMANDANT, BENGAL ENGINEERING GROUP (RECORD) ROORKEE (UTTARANCHAL) 4. THE P.C.D.A. (P), ALLAHABAD (U.P.) 5. THE STATION COMMANDER, BENGAL ENGINEERING, ROORKEE 6. THE STATION COMMANDER/ADMN. COMMANDANT, BIHAR REGIMENTAL CENTRE, DANAPUR CANT, PATNA (BIHAR) ----------- For the petitioner : Mr. Barun Kumar Chaudhary, Advocate. Mr. Lalit Narain Jha, Advocate. For the Union of India : Mr. Raghib Ahsan, ASG Mr. Rashid Izhar, Advocate. ===== 06. 29.03.2010. Heard learned counsel for the petitioner and the Union of India, also perused the counter affidavit. 2. Petitioner is aggrieved by the speaking order dated 4th day of October, 2007 passed by Offg CRO for OIC Records served on the petitioner under letter dated 4th October, 2007, Annexure-3, whereunder petitioner’s request for grant of Medical Disability Pension has been rejected holding that he never served in Field/CI OPS/High Altitude Area after enrolment and in the light of paragraph-54 of Chapter VI of Guide to Medical Officers (Military Pension) 2003 he cannot be granted Medical Disability Pension. 3. Petitioner having completed more than seven years of service was discharged from service on 21st June, 1979 as he was adjudged medical category EEE suffering schizophrenia. After discharge, petitioner became traceless but after recovery by the family members filed writ petition, C.W.J.C.No. 6683 of 2005, praying inter alia to direct the army authorities to consider his case for grant of Medical Disability Pension. This Court under orders dated 11th December, 2006, Annexure-1 directed the authorities to - 2 - consider the case of the petitioner for grant of Medical Disability Pension which has been refused under the impugned order dated 4th October, 2007, Annexure-3. 3. It is submitted on behalf of the petitioner that the impugned order suffers from vice of arbitrariness as petitioner having completed more than seven years of service and suffering from schizophrenia was discharged from service with effect from 21st June, 1979 should have been granted Medical Disability Pension as he suffered schizophrenia on account of his field posting in the Rajasthan desert at Abohar. The extreme climate which petitioner had to undergo while serving the field posting at Abohar in desert he suffered schizophrenia and the authorities have incorrectly stated in Paragraph-2 of their order that he never served in field area which is contradicted by their own report contained in Annexure-B which categorically states that petitioner was in field posting for four years at Abohar in Rajasthan desert. Even otherwise paragraph- 54 of Chapter-IV of the guide does not prohibit the authorities from granting Medical Disability pension to a schizophrenic whose disease set in while he was staying in Government married accommodation. 4. In the circumstances, it appears to me that the impugned order dated 4th October, 2007, Annexure-3 suffers from the vice of arbitrariness and is, accordingly, set aside with direction to the authorities to pay Medical Disability Pension to the petitioner as he suffered Schizophrenia during active service, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)