- (1.) HEARD the learned counsel for the parties at length and have perused the record.
(2.) BY the present writ petition the petitioner has prayed for a writ of mandamus directing the respondents to grant disability pension to the petitioner from the date of his discharge from the Indian Army. Briefly stated, the petitioner was enrolled in the Indian Army on 17th March 1979 and after obtaining the req uisite training at Garhwal Regimental Centre, Lansdowne, the petitioner was posted in the 6th battalion and had the privilege of serving in various sectors of the nation including, Jammu and Kash mir, Mizoram, Nefa and Nagaland. While serving in Punjab, he had suffered ailment and was hospitalized followed by his being placed in Low Medical Category (LMC) - CEE (T ). The petitioner was examined by various doc tors during 29-9-90 to 7-8-1991. The Petitioner was examined by Medical Board on 21-9-1991 and submitted re port that the disability is contracted in service. The medical board recom mended the petitioner as medical category 'cee' (Permanent ). It was also recommended that the petitioner has lost his eye site and has vision disabil ity of 80%. The petitioner was dis charged in 1993 after completing 14 years, service in the Army.
(3.) AFTER correspondence, with the Chief Controller of Defence Accounts (P) Allahabad, the claim of the peti tioner for disability pension was rejected on 20-5-1994 and the order of rejection was communicated to the petitioner by the Record Office Garhwal Rifle on 12-6-1994. Against the order of the Chief Controller of Defence Accounts (P), Allahabad, the petitioner preferred an appeal which was also rejected by the Government on 8-2-1999.;