NDLI: No. 1466828m Ex Cfn Narsingh Yadav Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Armed Forces Disability pension Military service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	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 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.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 1121
Petitioner	No. 1466828m Ex Cfn Narsingh Yadav
Respondent	Union Of India & Ors.
SCR	[2019] 13 S.C.R. 260
Judgement Date	2019-10-03
Case Number	7672

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No. 1466828m Ex Cfn Narsingh Yadav Vs. Union of India & Ors.

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