Case: Ex. Gnr Laxmanram Poonia (Dead) Through Lrs Vs. Union Of India

2. The facts relevant for disposal of this appeal are as follows:- The appellant was enrolled in the Indian Army on 14.09.2005. His basic military training was convened at Army Air Defence Centre Nasik Road Camp, commencing from 16.09.2005 and after completion of training, he was posted at 27 AD Regiment for further service. It is the case of the appellant that on the eve of Diwali Festival in November, 2007, he was overburdened with work due to scarcity of staff. Due to continuous restless duty hours for several days, he suffered hypertension resulting in lack of sleep and hunger. Ultimately, he requested the Commanding Officer of his Unit to sanction him leave considering his critical condition. However, instead of granting leave, the Commanding Officer got him admitted in 174 Military Hospital on 11.11.2007, acknowledging the critical condition of the appellant. The Doctor diagnosed the appellant to be suffering from acute schizophrenia like psychotic disorder. The appellant was discharged from 174 Military Hospital on 14.03.2008. Thereafter, he was shifted to Military Hospital Chandimandir and was admitted to psychiatric ward on 28.08.2008. He was subjected to a Military Board held at 174 Military Hospital for his recategorisation. After some time, he was granted sick leave for a few days. However, he was again admitted to 174 Military Hospital on 15.02.2009, and was also subjected to a Medical Board and thereafter, he was discharged from the hospital and was sent to his Unit.3. As per the appellant, he was again entrusted with hard duty on 02.05.2009 and was also compelled to work at night hours, because of which the disease so detected again aggravated. Ultimately, he had to be admitted to Command Hospital Chandimandir on 05.05.2009, from where he got discharged on 12.06.2009. He was again admitted to Command Hospital Chandimandir on 10.07.2009, from where he was discharged on 06.10.2009. He was brought before a duly constituted Invaliding Medical Board on 09.09.2009 to assess the cause and degree of disablement. The Invaliding Medical Board opined that he was suffering from `acute Schizophrenia like psychotic disorder. Medical Board further opined that the disability being constitutional in nature is not connected with Military Service. His disability was assessed at 60% for life but was viewed as neither attributable to nor aggravated by Military Service. Ultimately, he was invalided out of service with effect from 07.10.2009 under Rule 13(3)(iii) of the Army Rules, 1954. His claim for grant of disability pension was forwarded to the Principal Controller of Defence Accounts (Pension) Allahabad, which was rejected vide order dated 02.07.2010 on the ground that the disability suffered by the applicant is neither attributable to nor aggravated by Military Service.4. The appellant challenged the order dated 02.07.2010 by filing an application before the Tribunal seeking disability pension. The Tribunal dismissed the application filed by the appellant holding that the disability being `constitutional in nature is not connected with Military Service. His disability was assessed at 60% for life; but was viewed as neither attributable to nor aggravated by Military Service. The Tribunal specifically held that though the Invaliding Medical Board categorically opined that he was suffering from `Acute Schizophrenia like psychotic disorder, the disability of the applicant being constitutional in nature cannot be considered to be connected with Military Service. Thus, holding that there was no casual connection between disablement and the Military Service for attributability or aggravation to be conceded, the Tribunal dismissed the application.5. The Appellant Laxman Ram Poonia expired on 01.06.2015 at Maulsar. The wife of the appellant filed application being M.A. No. 390/2015 under Section 31 of Armed Forces Tribunal Act, 2007 before the Tribunal seeking leave to file appeal before this Court against the final order dated 21.03.2014 passed by Armed Forces Tribunal in O.A. No. 200/2010 and the same was dismissed by the Tribunal vide order dated 23.02.2016. Challenging the order passed by the Tribunal, wife of Laxman Ram Poonia has filed the present Civil Appeal under Section 30 of the Armed Forces Tribunal Act, 2007.

Reasoning:
By a bare perusal of the aforesaid Regulation, it is clear that disability pension in normal course is granted to an individual: (i) who is invalided out of service on account of a disability which is attributable to or aggravated by Military Service, and (ii) who is assessed at 20% or over disability, unless specifically provided otherwise.There is no gainsaying that the opinion of the Medical Board, which is an expert body has to be given due weight and credence. But the opinion of the Medical Board cannot be read in isolation; it has to be read in consonance with the Entitlement Rules for Casualty Pensionary Awards, 1982 and General Rules of Guide to Medical Officers (Military Pensions) 1982.In the present case, it is undisputed that the appellant was not suffering from any disease/disability at the time of entering into Military Service. It was on the respondent to show that the appellant was suffering from schizophrenia at the time of entering into service by producing any document viz. medical prescription etc. In the absence of any note in the service record in this regard at the time of joining the Military Service, the Medical Board should have called for the service records and looked into the same; but nothing is on record to suggest that any such record was called for by the Medical Board to arrive at the conclusion that the disability was not due to Military Service. The Medical Board simply stated that the disability is neither attributable to nor aggravated by Military Service. The relevant portion reads asThough the disablement has been mentioned in percentage in para 6 of Part V, this does not mean eligibility for disability pension since the Disability/Disabilities is/are neither attributable to nor aggravated by service"2. Opinion of assessment by the Board is recommendatory in nature and is subject to acceptance by Pension Sanctioningthe absence of any evidence on record to show that the appellant was suffering from any such disease like schizophrenia at the time of entering into the Military Service, it will be presumed that the appellant was in a sound mental condition at the time of entering into the Military Service and the deterioration of health has taken place due to Military Service.23. Based on the above discussion, we hold that the Tribunal did not examine the case at hand in the light of the Army Pension Regulations, 1961, the Entitlement Rules for Casualty Pensionary Awards, 1982 and General Rules of Guide to Medical Officers (Military Pensions) 2002 and, therefore, the impugned order cannot be sustained. Applying the principles of Dharamvir Singhs case and Rajbir Singhs case, it has to be presumed that the disability of the appellant bore a casual connection with the service conditions. The appellant was diagnosed to be suffering from medical disability at 60% for life on 09.09.2009 and he was discharged from service on 7.10.2009. After invalidation from the service, the appellant passed away on 01.06.2015. By order dated 13.02.2017 in I.A. No. 3/2016, the legal heirs have been ordered to be substituted. Hence wife of the appellant and other legal heirs shall be entitled to disability pension as per the Rules.