- (1.) Brief facts of the case are that the petitioner was enrolled in the Army on March 09, 1988 and was transferred to pension establishment on October 31, 2004 under Rule 13 (3) III (iv) of the Army Rules, 1954 (hereinafter referred to as '3the Rules'), at his own request. The petitioner had received Gun Shot Wound in 1996 during enemy action in Kargil Sector during Operation RAKSHAK. Due to this injury, he was placed in Low Medical Category CEE Temporary with effect from December 26, 1996 for six months and subsequently in Permanent Low Medical Category CEE for two years with effect from June 26, 1997. The petitioner continued in service after he was placed in Low Medical Category (Permanent). However, as he found it difficult to carry out his normal duties, he was discharged from Army on compassionate ground on October 31, 2004. As per Release Medical Board Proceedings, disability of the petitioner due to Gun Shot Wound was assessed at 20 % for life.
(2.) The petitioner was granted service element of pension for the service rendered by him for sixteen years, seven months and twenty three days. However, the respondents denied him the disability pension on the ground that he was discharged from service at his own request.
(3.) The prayer made in this writ petition is for issuing a direction to the respondents to grant the disability pension to the petitioner from the day he was discharged from service on October 31, 2004.;