Mohinder Pal, J. - (1.) THE petitioner was enrolled in the Army on September 29, 1983. He was discharged from Army on June 17, 1991 having been placed in low medical category 'BBE' (Permanent) on account of onset of disease 'Neurosis' with 20% disability.
(2.) THE disability pension claim of the petitioner was rejected on the ground that the disability was considered as of a constitutional disorder by the Release Medical Board, which was neither attributable to nor aggravated by military service and also not connected with the service. Service element of pension was also not granted to the petitioner on the ground that he had not rendered minimum fifteen years qualifying pensionable service. Appeal preferred by the petitioner against the order rejecting his pension claim was also dismissed. In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to release the disability pension (service and disability element) to him.
(3.) IN the written statement filed by the respondents, it has been pleaded that the findings of the Medical Board which is conducted by qualified Doctors and recorded after physical examination of an individual have to be attached importance. It has been stated « that the denial of disability pension to the petitioner is absolutely legal and just.;