Aloke Chakrabarty, J. - (1.) The petitioner was enrolled in the Indian Army as a regular soldier and was allotted Signal Corps. The petitioner was posted at Jabalpur and at the time of recruitment and subsequently also his medical category was Aye-one. In course of his service the petitioner developed Leprosy Lepromatous (Board Line) and was sent to Military Hospital at Agra for treatment and also for obtaining opinion of medical Board. The Medical Board came to a conclusion that the petitioner was suffering from Leprosy Lepromatous Line) and was discharged from service date 14-4-1986 by the commanding officer under the provision of Army Rule 13-III (iii).
(2.) After discharge the petitioner was treated for the said disease in the military hospital at Agra and when he was fully cured he was discharged from the hospital. In the meantime, the petitioner made application for disability pension but the respondent No. 3 rejected the said claim of the petitioner by order dated 9-1-1987. The petitioner preferred mercy appeal against the said order but the same was also rejected. Thereafter the petitioner came to this court filing this writ petition citing examples of earlier personnel who were boarded out because of the same disease but were granted disability pension.
(3.) Respondents Nos. 4 and 5 filed counter affidavits wherein they supported the order rejecting the claim for disability pensions.;