R.L. Anand, J. - (1.) SHRI Ashok Kumar, petitioner, has filed the present petition under Articles 226/ of the Constitution of India and he has prayed that a writ in the nature of certiorari, quashing the order annexures P -2 and P -4 dated 19.11.1997 and 27.7.1999, be issued. It has been further prayed by the petitioner that a writ in the nature of mandamus be issued against the respondents directing them to release the benefit of disability pension with effect from 1.8.1997, along with interest.
(2.) THE case set up by the petitioner is that he was born on 15.4.1959. He joined the Army on 27.7.1976. He was supposed to serve upto 26.7.1996. However, he was granted extension for a period of two years starting from 27.7.1996 to 26.7.1998. The case of the petitioner is that he suffered a disease "CNS observation (TIA)" (epilepsy) in the year 1994. It was aggravated when the petitioner was serving the extended period starting from 27.7.1996 to 26.7.1998. The petitioner alleges that he was invalidated out from military service on medical ground on 31.7.1997, therefore, he is entitled to the benefit of disability element of pension in accordance with Regulations 173 -A and 179 of the Pension Regulations For the Army, 1961 Part -I.
(3.) NOTICE of the claim petition was given to the respondents who filed the reply and denied the allegations. According to the respondents, the petitioner is not entitled to the benefit of disability pension or disability element because the petitioner was discharged from service being found ineligible to serve during the extended period and not on medical conditions.;