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Service & Administrative LawSupreme Court of India

No. 14666828M Ex CFN Narsingh Yadav v. Union of India

Civil Appeal · 2019 INSC 1121Decided 3 Oct 2019
Civil Appeal No. 7672 of 2019
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

The appellant, enrolled in the Indian Army in 2003, was diagnosed with Schizophrenia about three years into his service and was discharged in 2007 after an invaliding Medical Board found the disability was neither caused nor made worse by military service. His claim for disability pension was rejected departmentally and by the Armed Forces Tribunal, and he appealed to the Supreme Court, relying on the general rule that a disease not noted at the time of enrolment is presumed to have arisen in, and be attributable to, service.

Decision Breakdown

The Supreme Court held that the presumption of service-attributability for undetected diseases is not a mechanical, automatic rule: it must be examined against whether the person's actual duties or postings created conditions of stress and strain capable of causing the illness. Citing its pension entitlement rules, the Court noted mental disorders like Schizophrenia often escape detection at enrolment regardless of military service, since symptoms can first surface years later even in civilian life. Since the appellant was posted at peace stations in a non-stressful technical role (Vehicle Mechanic) and there was no evidence his duties caused the stress that triggered the illness, and the Medical Board's opinion was not contradicted by any countervailing medical evidence, the Court declined to second-guess the Medical Board or order a fresh review board. The appeal was dismissed.

Lesson Learnt

A disability pension claim is not automatically entitled to succeed merely because a disease like schizophrenia went unnoticed at the time of enrolment: the claimant still has to show the actual conditions of their service caused or aggravated the illness, and courts give significant deference to a Medical Board's reasoned findings.

No. 14666828M Ex CFN Narsingh Yadav v. Union of India – Legal Case Shots | LegalAware