NO. 1466828M EX CFN NARSINGH YADAV versus UNION OF INDIA & ORS.

Citation: [2019] 13 S.C.R. 260 · Decided: 03-10-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 13 S.C.R.
 [2019] 13 S.C.R. 260
260
NO. 1466828M EX CFN NARSINGH YADAV
v.
UNION OF INDIA & ORS.
(Civil Appeal No. 7672 Of 2019)
OCTOBER 03, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Armed Forces: Military service – Disability pension –
Appellant was appointed as Craftsman (Military Rank) and was
posted at peace station – Invaliding Medical Board found him
suffering from Schizophrenia which disability was assessed at 20%
for a period of five years and held that the disability was neither
attributed nor aggravated by military service – Consequently, he
was discharged from service – Claim for disability pension – Rejected
by the Armed Forces Tribunal – Plea of appellant that since no note
was given at the time of enrolment in the Army, therefore, such
disability was to be attributed to military service – Held: It is not
mechanical application of the principle that any disorder not
mentioned at the time of enrolment is presumed to be attributed to
or aggravated by military service – The question is as to whether
the person was posted in harsh and adverse conditions which led
to mental imbalance –  Mere fact that Schizophrenia, a mental
disorder was not noticed at the time of enrolment would not lead to
presumption that the disease was aggravated or attributable to
military service – Appellant was a young boy of 18 years at the time
of enrolment – Even if he was suffering from any mental disorder
prior to enrolment, the same could not be detected as there were
intervals of normality – He was posted in peace station as a Vehicle
Mechanic – Neither the nature of job nor the place of posting was
such which could have caused stress and strain leading to disability
as attributed to or aggravated by military service – In this case,
clause 14(d) of 1982 Rules, as amended in the year 1996 would be
applicable as entitlement to disability pension shall not be considered
unless it is clearly established that the cause of such disease was
adversely affected due to factors related to conditions of military
service – The invaliding Medical Board categorically held that the
appellant was not fit for further service and there was no material
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on record to doubt the correctness of the Report of the invaliding
Medical Board – Interference not called for – Guide to Medical
Officers (Military Pensions), 2002 - “Entitlement: General Principles
– Guide to Medical Officers (Military Pensions), 1980 – Entitlement
Rules for Casualty Pensionary Awards, 1982.
Administrative law: Opinion of Medical Board – Judicial
review of, scope – Held: Though, the opinion of the Medical Board
is subject to judicial review but the Courts are not possessed of
expertise to dispute such report unless there is strong medical
evidence on record to dispute the opinion of the Medical Board
which may warrant the constitution of the Review Medical Board –
Armed Forces.
Dismissing the appeal, the Court
HELD: 1.  Annexure I to Chapter IV of the Guide to Medical
Officers (Military Pensions), 2002 — “Entitlement: General
Principles” points to certain diseases which may be undetectable
by physical examination on enrolment including the Mental
Disorders; Epilepsy and Relapsing forms of mental disorders
which have intervals of normality, unless adequate history is given
at the time by the member. The Entitlement Rules itself provide
that certain diseases ordinarily escape detection including
Epilepsy and Mental Disorder, therefore, mere fact that
Schizophrenia, a mental disorder was not noticed at the time of
enrolment will not lead to presumption that the disease was
aggravated or attributable to military service. [Para 16]
[272-C-E]
2. The 1982 Rules classify the diseases which are affected
by climatic conditions, stress and strain and dietary complications.
The stress and strain cause the injuries such as Psychosis and
Psychoneurosis, Bronchial Asthma, Myocardial infarction, and
other forms of IHD and Peptic ulcer.” Therefore, each case has
to be examined whether the duties assigned to the individual
may have led to stress and strain leading to Psychosis and
psychoneurosis. Relapsing forms of mental disorders which have
intervals of normality and Epilepsy are undetectable diseases
while carrying out physical examination on enrolment, unless
adequate history is given at the time by the member. [Paras 17,
18][272-F-H]
NO. 1466828M EX CFN NARSINGH YADAV v. UNION OF
INDIA & ORS.
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SUPREME CO

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