- (1.) Heard Col. Ram Achal Pandey, Advocate for applicant and Sri S.K. Rai, Advocate for respondents.
(2.) This writ petition under Article 226 of the Constitution of India has arisen from judgment and order dated 26.10.2018 whereby petitioner's Transfer Application No. 1187 of 2010 has been dismissed by Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as "Tribunal").
(3.) It appears that petitioner, who was enrolled in Indian Army on 02.05.1979, suffered some problem diagnosed as "Schizophrenia" on account whereof he was medically held invalid from service w.e.f. 18.03.1980 under Rule 13(3)(IV) of Army Rules, 1954 and was discharged. His request for disability pension was declined by Principal Controller of Defence Account (Pension), Allahabad vide order dated 17.01.1981 on the ground that medical disability suffered by petitioner was neither attributable nor aggravated to military service. Said order attained finality as petitioner did not challenge the same by filing any appeal. It is only in 2003 he filed Writ Petition No. 49882 of 2003 seeking following reliefs: "(i) to issue a writ order or direction in nature of certiorari to quash the impugned order dated 17.1.81 passed by P.C.D.A. (Pension) (Respondent No. 2), through his letter No. G3/80/8846/VI which is not served to the petitioner till the date of filing and the order dated 3.3.1993 passed by Record Officer, the Maratha Light Infantry, Belgaum-9. (ii) to issue a writ order or direction in nature of mandamus directing the respondents to take any decision for petitioner's rehabilitation/ disability pension/ financial assistance. (iii) to issue a writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) to award the cost of the writ petition to the petitioner." ;