Mohinder Pal, J. - (1.) BRIEF facts of the case are that the petitioner was enrolled in the Regiment of Artillery on December 06, 1963 and invalidated out of service with effect from August 12, 1967 under Rule 13(3)III(iii) of the Army Rules, 1954, due to Schizophrenic Reaction (300). The Invalidating Medical Board held at Command Hospital, Southern Command, Pune, on July 04, 1967, opined the disease Schizophrenic Reaction (300) as neither attributable to nor aggravated by military service and also not connected with the service. The decree of disablement was assessed at 40% for two years. The petitioner was neither granted disability pension nor service element of pension. Hence this writ petition.
(2.) IN the written statement filed by the respondents, it has been pleaded that the petitioner did not fulfil the criteria for disability pension as his disability had not been found attributable to or aggravated by military service by the Invalidating Medical Board. It is further stated that disability pension claim of the petitioner was forwarded to P.C.D.A. (P), Allahabad, for adjudication vide Artillery Records letter No. 1199193/DP -2409/NE dated November 23, 1967 and was rejected by them vide letter No. G -3/CA/67/528G4/II dated August 20, 1968, on the ground that the disability from which the petitioner suffered during service and on which his disability pension claim based, was viewed as neither attributable nor aggravated by military service. Therefore, the petitioner is not entitled for grant of disability pension in accordance with Regulation 173 of the Pension Regulations for the Army, 1961 (Part -I) for short 'the Pension Regulations'). We have head Mr. R.A. Sheoran, Advocate, appearing for the petitioner and Mr. S.K. Sharma, Advocate, appearing for the respondents and have gone through the records of the case.
(3.) WHILE arguing before us, learned Counsel for the petitioner has laid stress on the point that at the time of entry into service, the petitioner was found medically fit and was not suffering from any disease. He served the Army for three years, eight months and seven days and no injury or disease was detected. He argued that the disease diagnosed as 'Schizophrenic Reaction (300)' was attributable to military service.;