IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WA.No. 2198 of 2005 ---------------------------------- AGAINST THE JUDGEMENT IN OP.5324/2001 Dated 19/05/2005 .................... APPELLANTS/RESPONDENTS: 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSION), ALLAHABAD. 3. OFFICER, I/C RECORDS, ARMY MEDICAL CORPS RECORDS, LUCKNOW. BY ADV. SMT.DEEPSUR D.JAYAN, ADDL.CGSC SMT.A.SREEKALA, ADDL.CGSC RESPONDENT/PETITIONER: K.MURUKESHAN, EX-SEPOY NO.13977783, PRIYADHARSHINI BHAVAN, CHUNGAM, POST, WEST HILL, CALICUT. ADV. SRI.M.RAJAGOPALAN SRI.AVM.SALAHUDIN SRI.A.VISWANATHAN NAIR SRI.RAJIT THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.2198 of 2005 --------------------------------- JUDGMENT Koshy, J. The writ petitioner, at the age of 22, was enrolled in the army on 13.8.1988. While so, in January 1993, he was admitted in the Military Hospital due to the disease of “non organic psychosis”. On account of his illness, he was down graded to the lowest medical category “E” and was invalidated out of service with effect from 29.4.1996. His disability pension was rejected by Exhibit P1, as his disability cannot be attributed to military service. Onset of illness was in January 1993. It is stated in the discharge summary dated 25.2.1996 as follows: “Onset of illness-Jan-93-acute in nature and related to alcohol and drug (Cannabis group) abuse and manifesting as violent and aggressive behaviour, aimless wandering, affective dullness, WA 2198/05 2 irrelevant talks, loosening of association in his thought process, indifference with impaired judgment and insight. He was then treated at 155 BH with ECT (8) and anti-psychotic drugs and he responded well to treatment. He was kept under psychiatric surveillance and on maintenance therapy ever since. Regrettably, he had repeated relapses thereafter. In Jan. 95- he had relapse of psychotic features - almost identical to the one he had earlier - but this time it was not related to alcohol or drug abuse. He was then treated at CH (OC) - Lucknow and was also advised maintenance therapy. Despite being on maintenance therapy and in sheltered appointment - he had another relapse in Sept. 95 - characterised by perplexity, pseudo-philosophical preoccupation and taking refuge in various esoteric methods. His speech was vague and abscure. His personal appearance disheveled. His social behaviour disorganised. He had no insight and judgment. His behaviour was erratic and unpredictable. With reinstitution of treatment he has somewhat WA 2198/05 3 stabilised. But, he does have residual psychotic features viz. emotional apathy, improvised thinking and social aloofness. He is a “Burnt out” case of other Non-organis Psychosis and he is incapable of any further improvement. He cannot be gainfully employed.” It is true that in 1996, it is mentioned that it is an old case of other non organic psychosis-298 in low med act since February 1994. It is not the case that after getting any disease he had started taking drugs. Further, the medical board also noticed that there is no medical illness related or contributed to psychiatric problem (Exhibit R1b). Ex-service man is entitled to disability pension only if his disability is attributable or accelerated by military service. Merely because he was asked to work in high altitude area, he started taking drugs. It cannot be presumed that it was attributable to military service. Hence, we are of the opinion that Exhibit P1 issued by the third WA 2198/05 4 appellant, denying disability pension, requires no interference. He was paid gratuity and DCRG. We are unable to agree with the views of the learned single Judge that this happened because he was posted in various field operational service after undergoing very rigorous military training and he had to work in very adverse climatic conditions. He was employed as a Cook in the military service. Even if his friends in the military might have influenced him to take drugs, he should not have acceded to it. Merely because at the time of employment he had no mental disease is not a ground to attribute the illness to military service. Hence, we set aside the impugned judgment. The appeal is allowed. (J.B.Koshy, Judge) 22nd October, 2008 (K.P.Balachandran, Judge) tkv