Q: Discuss the relevancy of citation of Ex. Gnr Laxmanram Poonia (Dead) vs Union Of India & Ors on 22 February, 2017 with present case ?

Ans: 

Ex. Gnr Laxmanram Poonia (Dead) vs Union Of India & Ors on 22 February, 2017.

The Appellant was enrolled in the Indian Army. It was the case of the Appellant that on the eve of Festival, 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. 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, which was rejected on the ground that the disability suffered by the Appellant was neither attributable to nor aggravated by Military Service.

The Appellant challenged the order 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 was not connected with Military Service .

The Appellant expired and his wife filed application Under Section 31 of Armed Forces Tribunal Act, 2007 before the Tribunal seeking leave to file appeal before the present Court against the final order passed by Tribunal and the same was dismissed by the Tribunal. Hence, the present appeal.

The honourable Supreme Court held that 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 was 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. It would 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. 

Hence, wife of the Appellant and other legal heirs shall be entitled to disability pension as per the Rules. The impugned order was set aside. The Respondents were directed to pay the disability pension to the wife and other substituted legal heirs of the deceased.

Relevancy with our case:

In the above case , the AFT did not abide by the rules of principle of natural justice and had not considered the fact that the disease was diagnosed after being entered in military service. The honourable Supreme Court considered the fact and gave values to the principles of natural justice. 

In our case also, the honourable Supreme Court must give values to the principles of natural justice because the BSF personnel fired in bushes having thrilling sensation of patriotism and thus he must be reinstated.

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