CWP No. 21595 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 21595 of 2008 Date of decision: 11.02.2010 Ex. Const./GD Mohar Singh No. 910130655 s/o Ram Sanehi ...... PETITIONER VERSUS Union of India and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Sansar Kundu, Advocate, for Mr. Jagpal Singh, Advocate, for the petitioner. Mr. Gurpreet Singh, Central Government Counsel, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that even if the petitioner is not entitled to be reinstated in service because of the period gone by but the petitioner would still be entitled to the grant of invalid pension, in case the disease is found to be attributable or aggravated due to condition of service. He contends that after his discharge from the service on 15.03.1994, the petitioner had undergone treatment for his disease i.e. CWP No. 21595 of 2008 2 Schizophernia and as per the certificate issued by the Medical Officer, District Hospital, Bhind (MP) dated 20.10.2008, the petitioner has now realized that his service has been dispensed with. He contends that he would be satisfied, at this stage, if the representation dated 26.10.2008 (Annexure P-4) is considered and decided by the respondents within some reasonable time. On the other hand, counsel for the respondents submits that the prayer of the petitioner is belated. He, however, contends that the petitioner would not be entitled to reinstatement at this belated stage. He further contends that the discharge of the petitioner was because of his disease i.e. Schizophernia and it was stated to be not attributable to the service. He, therefore, contends that no benefit can be granted to the petitioner. I have heard the counsel for the parties and have gone through the records of the case. The person, who is suffering from Schizophernia, would not be aware of as to what actually is happening with or around him. It is only after he recovers from the disease that he can discern between good and bad for him as also about his rights. Because of the disease, with which the petitioner was stated to be suffering from, he would not have been aware or in a position to understand that he is entitled to prefer an appeal provided under the Statute against the opinion given by the Medical Board. As a matter of fact, till he recovers from the said disease, he would not be in a position to take any decision. As per the certificate dated 20.10.2008 (Annexure P-3), the petitioner is now normal and he is not suffering from Schizophernia. He had moved a representation dated 26.10.2008 (Annexure P-4) but the same is yet to be decided by the CWP No. 21595 of 2008 3 respondents. The delay, therefore, cannot be said to be a good ground for rejecting the claim of the petitioner. The present petition is disposed of with a direction to the respondents to consider and decide the representation dated 26.10.2008 (Annexure P-4). Liberty is also granted to the petitioner to file a supplementary representation within a period of two weeks' from today. If the supplementary representation is filed, the same shall also be taken into consideration before taking a final decision on the claim of the petitioner. It would be open to the respondents to reconstitute a Medical Board and consider the claim of the petitioner with regard to his claim for grant of invalid pension pertaining to the Schizophernia disease. In case it is found that the disease of Schizophernia is attributable or aggravated because of service, the petitioner should be granted the invalid pension in accordance with the Rules. The needful be done within a period of three months' from the date of receipt of a certified copy of this order. Petition stands disposed of accordingly. ( AUGUSTINE GEORGE MASIH ) JUDGE February 11, 2010 pj