(1.) BY this petition under Article 226 of the constitution, the petitioner has prayed that respondents be directed to pay him disability pension.
(2.) THE case of the petitioner is that he has served the indian Army as Hawaldar and while serving the army he sustained disability. According to the petitioner he is entitled for disability pension but his claim for the same has been illegally rejected by the respondents.
(3.) THE respondents in their return have stated that the petitioner had submitted his application dated 15. 9. 1992, Annexure R3, for pre-mature retirement on account of his family problems which was recommended for acceptance on 24. 9. 1992 vide Annexure P5. The application was ultimately accepted and the petitioner was discharged from service on 30. 11. 1993 at his own request. The respondents relying upon Regulation 178 of the Pension Regulations for the Army, 1961 (in short the regulation) have categorically stated in the return that since the petitioner was discharged from service at his own request he is not entitled for disability pension. The respondents have also stated that the disability of petitioner, if any, is not attributable to military service.