- (1.) The petitioner was enrolled in the Army (Sikh Regiment) on April 25, 1985. He was availing 60 days annual leave from September 01, 1993 to October 30, 1993. While on leave, he met with an accident while driving a scooter and suffered 'fracture acetabulum rt (NM-829, E-812, V-67') on October 12, 1993. Firstly, he got treatment from Civil Hospital, Dasuya and thereafter got himself admitted in Military Hospital at Pathankot on October 15, 1993. He was downgraded to low medical category CEE with effect from January 18, 1994. The petitioner continued in service for more than eight years after having been downgraded to low medical category CEE. He was discharged from service with effect from April 30, 2002 and his disability was assessed at 30% by the Medical Board.
(2.) The disability pension claim of the petitioner was rejected on the reasoning that the disability was not attributable to military service.
(3.) In this petition filed under Articles 226/227 of the Constitution of India, challenge is made to the action of the Army Authorities whereby case of the petitioner for disability pension has been rejected and it is prayed that a direction be issued to the respondents to release the same to the petitioner.;