-1- Civil Writ Petition No.2123 of 2007. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: April 28,2008. Devender Singh ... Petitioner VERSUS Union of India and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. S.P. Chahar, Advocate, for the petitioner. Ms. Renu Bala Sharma, Central Government Standing Counsel, for the respondents. -.- MOHINDER PAL, J. The petitioner was enrolled in the Army on October 30, 1995 as a Nursing Assistant and invalidated out of service in medical category `EEE' (Psy) with effect from March 10, 2000 on account of `PHOBIC ANXIETY DISORDER WITH SECONDARY -2- Civil Writ Petition No.2123 of 2007. DEPRESSION (OLD) RELAPSED) with 40% disability after rendering four years and 133 days of qualifying service. The petitioner was posted at Military Hospital, Trivandrum. He had put up for disciplinary action a patient of AIDS for drinking of excess alcohol in the medical ward at Military Hospital, Trivandrum, the unit of the petitioner. The said patient threatened the petitioner with dire consequences and told him that he would pass the HIV infection to him by injecting infected blood or pricking an HIV infected needle. During leave period, the petitioner was admitted to Base Hospital, Delhi, on March 22, 1999 by his relatives due to depression/loss of interest in the environment and insomnia. Psychiatric evaluation revealed that the petitioner was a patient of phobic anxiety related to fear of HIV infected blood being injected into him by a patient of AIDS. The condition of the petitioner did not improve and he continued to remain under anxiety, apprehensions and restlessness. He was, ultimately, recommended to be invalidated out from service by the Medical Board with 40% disability with effect from March 10, 2000. No disability pension was granted to the petitioner. Hence this writ petition. In the written statement filed by the respondents, besides taking the plea that the writ petition has been filed belatedly, it has been stated that the disability of the petitioner is of constitutional order, which is neither attributable to nor aggravated by military service. Therefore, he is not entitled to -3- Civil Writ Petition No.2123 of 2007. disability pension. We have heard Mr. S.P. Chahar, Advocate, appearing for the petitioner and Ms. Renu Bala Sharma, Central Government Standing Counsel, appearing for the respondents and have gone through the records of the case. Learned counsel for the petitioner has argued that rejection of the claim of the petitioner for the grant of disability pension for the disease “PHOBIC ANXIETY DISORDER WITH SECONDARY DEPRESSION (OLD) RELAPSED)” is illegal and arbitrary as there is specific mention of disease “Psychosis and Psychoneurosis” in Annexure III to Appendix II, referred to in Regulation 173 of the Army Pension Regulations, 1961 (Paert-I), 1961 (for short `the Pension Regulations'). Appendix II, referred to in Army Regulation 173, contains Entitlement Rules for Casualty Pensionary Awards, 1982. Annexure III to Appendix II mentions Classification of Diseases. 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 the disease “PHOBIC ANXIETY DISORDER WITH SECONDARY DEPRESSION (OLD) RELAPSED)”, 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, unreasonable fears and behaviour. Both diseases are -4- Civil Writ Petition No.2123 of 2007. the diseases of mind, detectable only on psychiatric evaluation. It is, thus, clear that the disease suffered by the petitioner, is included in the list of Diseases Affected by Stress and Strain mentioned in Annexure III to Appendix II ibid. The respondents have also not disputed the incident leading to the disease of the petitioner i.e while posted as Nursing Assistant at Military Hospital, Trivandrum, the petitioner had made an H.I.V patient liable for disciplinary action as he had created a scene in the hospital after excessive drinking and the said patient had threatened the petitioner with dire consequences and had told that he would pass the HIV infection to the petitioner by pricking an HIV infected needle. Therefore, the action of the respondents in declining disability pension to the petitioner for the disease “PHOBIC ANXIETY DISORDER WITH SECONDARY DEPRESSION (OLD) RELAPSED)”, which is attributable to and aggravated by Amy service, cannot be upheld. Accordingly, the orders passed by the respondents in this regard are set aside. For the aforesaid reasons, this writ petition is allowed and the petitioner is held entitled to 40% disability pension. However, 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 of disability pension is to be reckoned as 50 %, -5- Civil Writ Petition No.2123 of 2007. 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. However, arrears of disability pension are restricted to three years preceding the filing of this writ petition. The respondents are directed to disburse the arrears to the petitioner within three months from the date of receipt of a copy of this order. In case, the arrears are not disbursed within the said period, the petitioner will be entitled to interest at the rate of nine per cent per annum from the date of expiry of three months till the date of payment. This writ petition is allowed in the above terms with no order as to costs. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE April 28, 2008. ak