Ajay Rastogi, J. - (1.) By instant writ petition, petitioner has assailed action of respondents, whereby he has been declined disability pension under Pension Regulations for the Army, 1961 ("Army Pension Regulations") vide order dated 10.1.97 (Ann. 15) after his discharge form service on 10.5.73 U/r. 13(3) Item 111(V) of Army Rules 1954 ("Army Rules"), on account of being placed on medical category CEE (P), which was not considered up to prescribed military physical standard, despite having rendered service of 7 years 2 months and 14 days.
(2.) Petitioner was enrolled in the Army on 26.6.66 and discharged from service on 9.5.73 after putting in service of 7 years, 2 months & 14 days U/r. 13(3) Item 111(V) of Army Rules, after being placed on medical category CEE (P), as per medical opinion expressed in proceedings of the medical Board viz., he was suffering from disease "varicocele", which initially started in March, 1970 and he was admitted in Command Hospital (SC) Poona from 23.9.70 to 14.10.70 and after medical operation, he was finally placed in medical category CEE (p) with effect from 17.2.72; and disability of petitioner was finally assessed at 5% permanent. In view of what was observed by medical Board, petitioner was discharged from service vide certificate dated 13 3.73 (Ann. 3) with effect from 10.5.73.
(3.) So far as grant of disability pension claim is concerned it was examined by competent authority, but after taking note of medical report, it was rejected by respondent No. 3 (CCDA, Allahabad) vide order dated 28.7.73 inter-alia stating that disability which the petitioner claimed, was below 20% and it was neither attributable to nor aggravated by army service.;