A.P. Singh, J. - (1.) Ram Roop Singh, petitioner in the present writ petition, has prayed for issue of a writ in the nature of certiorari for quashing (i) Regulation 199 of Pension Regulations for the Armed Forces, 1961, Part I, filed as Annexure-3 to the writ petition, and (ii) Regulations 196, 197 and 198 of the said Regulations which have been filed by him as Annexure-4 to the writ petition Petitioner has further prayed for issue of an order or direction in the nature of mandamus directing the respondents to pay to the petitioner the service ailment pension including his disability pension from the date from which it was stopped and throughout his life.
(2.) Brief facts relevant for the purposes of the case are as follows.
(3.) Petitioner joined the Indian Army in the Corpse of Artillery on 7-3-1936. During the course of service petitioner developed Pulmonary Tuberculosis and was boarded out from the service by the Medical Board on 14-11-D62. Petitioner had thus tenure of six years, 8 months and 7 days. Consequent upon his boarding out from the service he was given i00% disability pension for the reason that his boarding out from service was wholly attributable to the military service petitioner was paid pension under Rule 173 till 1975 and, thereafter, reassessment Medical Board was held and petitioners disability was found less than 20% and he became dis-entitled for disability pension. Accordingly order dated 30-6-1989 (Annexure-2 to the writ petition) was issued and Controller of Defence Accounts Pension Allahabad was informed for stopping the payment of disability pension to the petitioner.;