Govind Mathur, J. - (1.) The petitioner was enrolled with Indian Air Force on 1.2.1988 at Jodhpur as a Non Combatant (enrolled) in the trade of Watchman. The petitioner was thoroughly examined by the Air Force Medical Board and was found fit and was placed in medical category "AYE". The petitioner was brought before the medical board again from 1.3.1997 to 23.4.97. The medical board recommended for invalided out of the petitioner (sic.) from the services by placing him in medical category "EEE". The medical board was held on 9th March, 1997 proceedings of which were duly approved by AIR Hqrs. Signal No. MD 493 dated 20.4.1997. The disability of the petitioner was assessed in the tune of 30% and the petitioner was discharged from services w.e.f. 14.5.1997 under the order dated 25.4,1997. The respondent No. 3, Chief Controller of Defence Accounts (Pension) turned down the case of the petitioner for grant of disability pension with the remarks reproduced as under : "the disability from which you suffered during your service in the Air Force and on which claim for Disability pension is based : (a) is not attributable to Military service. (b) does not fulfill the conditions i.e. it existed before or arose during military service and has been aggravated thereby and hence the disability pension claim is rejected."
(2.) In view of the remarks mentioned above disability pension was denied to the petitioner. Being aggrieved by the same the petitioner preferred an appeal before the Air Officer Incharge, Air Force Record Office, New Delhi. The appeal preferred by the petitioner was also rejected by the first appellate committee. The first appellate committee rejected the claim of the petitioner on the count that the petitioner was invalided out from the services because of Schizophrenia which is a constitutional disorder unrelated to military service. The petitioner being aggrieved by the same preferred the present writ petition before this Court for, redressal of his grievance with regard to grant of disability pension.
(3.) The contention of the petitioner is that in view of the Rule 153 of Pension Regulations for Air Force 1961 he is entitled for disability pension as he was invalided out from the service on account of disability which is attributable to or aggravated by Air Force and the disability assessed is more than 20%. A reply to the writ petition has been filed by the respondents stating therein that the petitioner suffers with disability i.e. of Schizophrenia and the same is neither attributable to nor aggravated by Air Force Services, and therefore, Rule 153 of the Pension Regulations of 1961 is not applicable.;