Sunil Ambwani, J. - (1.) The facts of this writ petition are stated as below.
(2.) Petitioner joined Army as Sepoy on 28.8.1977. While he was posted at Panagach, he met with an accident while on bona fide Government duly. His motor-cycle skidded, on account of which he sustained severe injuries. The injury was attributed to Military service in peace and as a result thereof, the petitioner was placed in Medical Category 'B' (permanent) w.e.f. 12.11.1982, as a case of 'fracture med-shaft, femur (Lt). The disability was estimated of more than 20%. Petitioner submitted a willingness certificate to continue in service and on the recommendation of officer commanding unit to the effect that the individual could be suitably employed in his own trade, he was retained in service in the same trade, but was given an alternative Job. The petitioner made a claim for being re-mustered or retained as Junior Camp Officer (Religious Teacher) called Pandit. The application was, however, rejected on 22.11.1992 on the ground that he had been downgraded to Medical Category 'B' (permanent).
(3.) After completing ten years of service, a Medical Board was held on 10.12.1987 at Military Hospital, Dehradun, in which the petitioner was found medically unfit to be continued in service and was recommended for being relieved from Army service. This recommendation was approbated by A.D.M.S. U.P. Area, Bareilly, on 30.7.1987 and consequently, petitioner was discharged from Army w.e.f. 1.9.1987 vide discharge order dated 10.3.1987 which was served upon the petitioner on 31.8.1987.;