- (1.) The petitioner was enrolled in the Army on December 12, 1963 and invalidated out of service on June 10, 1987 in low medical category EEE (Psy) due to his disability 'Paranoid Schizophrenia'. Consequent upon invalidated out of service, the petitioner was granted service pension and other terminal benefits. The Invalidating Medical Board considered the disability of the petitioner as neither attributable to nor aggravated by the duties of military service, the disease 'Paranoid Schizophrenia' being of constitutional disorder and unrelated to military service factors. The degree of disablement was assessed at 60 % for two years. The claim of the petitioner for the grant of disability pension was rejected by the respondents. Hence this writ petition.
(2.) In the written statement filed by the respondents, it has been pleaded that the petitioner did not meet the primary conditions for grant of disability pension as laid down in Regulation 173 of the Pension Regulations for the Army, 1961 (Part - I) (hereinafter referred to as 'the Pension Regulations'). It is further stated that disability pension claim of the petitioner was rejected by the P.C.D.A (P), Allahabad, vide letter No. G- 3/88/3003/ix/325 dated June 01, 1988. The petitioner preferred appeal dated November 13, 1988, against rejection of his disability pension claim, which was dismissed by the First Appellate Committee. Thereafter, the petitioner preferred second appeal dated May 20, 1995 which was also dismissed by the competent authority.
(3.) We have heard Mr. Manoj Tanwar, Advocate, appearing for the petitioner and Mr. S.K. Sharma, Advocate, appearing for the respondents and have gone through the records of the case.;