(1.) Aggrieved by discontinuance of his disability pension consequent upon rejection of his disability, the petitioner appears to have preferred an appeal before the Chief of the Army Staff. A copy of the memo is enclosed with the writ petition as Annexure P3. The petitioner's grievance in the present writ petition now is that despite lapse of considerable time, the said appeal has not been considered nor the disability pension paid to him. A prayer for a mandamus directing the respondents to consider the petitioner's claim for grant of disability element of pension has, therefore, been made in the writ petition.
(2.) Mr. Akash Pratap, counsel for the respondents, submits that since an appeal has been filed by the petitioner against the discontinuance of the disability pension and reduction of the extent of his disability below 20%, the said appeal can be considered and disposed of by the competent authority within three months, if not already disposed of.
(3.) In the circumstances, therefore, this writ petition is disposed of with the direction that the appeal filed by the petitioner against the discontinuance of the disability pension and reduction of his disability to below 20% shall be considered and disposed of expeditiously but not later than three months from today, under intimation to the petitioner, who can then seek appropriate redress against the order, if so advised in accordance with law. No costs.