(1.) On the 6th of November, 1984, the petitioner was examined by the Medical Board and the following report was given about his physical condition:
(2.) That he had served on the date when he sustained injury for eight years and seven months is common ground. The petitioner claimed pension on the basis of the medical report because he was not in a position to serve in view of his ill-health, and that was not given to him. Therefore, he has approached this Court claiming the relief under Rule 38(3) of the CCS(Pension) Rules, 1972 as invalid pension.
(3.) The answer by the respondent is that one must have served for ten years before one became eligible to claim pension and inasmuch as the petitioner admittedly had not served for ten years, he would not be entitled to pension.