IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WA.No. 172 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.21518/1997 Dated 09/12/2004 .................... APPELLANTS/RESPONDENTS: ----------- 1. THE COMMANDING OFFICER ARTILLERY RECORDS, NASIK ROAD CAMP NASIK. 2. THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSION) ALLAHABAD. 3. GOVT. OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE (PENSION-A) NEW DELHI. BY ADV. SRI.P.GOPINATH MENON RESPONDENT/PETITIONER: ------------- SIBUMON P.C. (EX-GNR.NO.14495582 X) S/O.CHACKO, PERUNILATHIL VELIYANNOOR PO, KOTTAYAM DISTRICT, KERALA 686 538. BY ADV. SRI.P.R.PADMANABHAN NAIR FOR RESPONDENT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.172 OF 2008 () ----------------------------------- Dated this the 22nd day of May, 2008 J U D G M E N T KOSHY,J. The appellant in this case joined the Artillery Regiment of military and posted to 286 Medium Regiment in September 1985. He has worked in difficult areas and operational areas and had service till 23.12.1993. He was discharged from service on medical grounds. At that time, petitioner had less than 10 years of service. His character is noted as very good. He claimed disability pension. The reason stated for discharge from service is “Adjustment Disorder (309)”. He was brought before an Invaliding Medical Board at 5 Air Force Hospital on 18th November 1993. The duly constituted Invaliding Medical Board found him unfit for further military service due to disease “Adjustment Disorder (309)”, and accordingly placed him in medical category “EEE” on 2nd December 1993. Being medically placed in “EEE”, he W.A.172/2008 2 was invalidated out of service with effect from 23rd December 1993. But disability pension was rejected because the Psychiatrist had given opinion that being a constitutional disorder, it was not connected with military service. The opinion of the Psychiatrist was also considered by the Medical Board and Medical Board issued a certificate. There is no case of previous psychiatric difficulty to the petitioner and invaliding Medical Board found that this is “Adjustment Disorder”. Merely based on the psychiatric opinion, court cannot reject the disability pension as that is one of the materials considered by the Medical Board. Petitioner was examined by the Medical Board. Petitioner was perfectly healthy when he entered the service and during the military service, he got the disease and it was aggravated and according to Medical Board, it was due to “adjustment disorder”. The learned counsel for the appellant mainly relied on the decision of the Honourable Supreme Court in Controller of Defence Accounts (Pension) and others v. S.Balachandran Nair (Mil LJ 2005 SC 93). The Honourable Supreme Court in that case also gave weight to W.A.172/2008 3 the final opinion of the Medical Board. The learned Single Judge after considering the records only directed to grant pension as per the Medical Board's certificate. We see no ground to interfere with the above order. Even in the review petition filed before the learned Single judge also no grounds are made out to interfere in the judgment under review. Considering the facts and circumstances of the case, no grounds are made out to interfere in the impugned judgment, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th March, 2008