S.P. Khare, J. - (1.)This is a writ petition under Articles 226 and 227 of the Constitution of India for a direction to the respondents to grant 'disability pension' to the petitioner from the date of his discharge from Army service.
(2.)It is not in dispute that petitioner Raghubir Singh was enrolled in the Army on 28-9-1953. He was Driver (Mechanical Transport). He was found suffering from "vitreous hemorrhage Right eye effect of (Eales disease) No. 388" in July, 1957. He was declared unfit for military service on 3-11-1959 by the Medical Board, Military Hospital, Jabalpur. In the opinion of the Medical Board the disability of the petitioner was "aggravated by military service". The disability was assessed at 30%. The disability pension claim of the petitioner was forwarded to the Controller of Defence Accounts (Pension) Allahabad on 12-12- 1959 but it was rejected on the ground that the disability is not attributable to or aggravated by military service. The petitioner submitted several representations against the rejection of his claim for disability pension but he was not granted any relief by the Military authorities.
(3.)The petitioner : case is that his disability is attributable to or aggravated by military service and it has been assessed at more than 20% and, therefore, as per Regulation 173 of the Army Pension Regulations, 1961 he is legally entitled to disability pension. His case was not properly considered by the Military authorities. By letter dated 4-3-1998 the petitioner was informed by respondent No. 3 Director General of Signals, New Delhi that his case was being examined but no relief has been given to him. He has claimed disability pension from the date of his discharge from Military service i.e. 5-12-1959.