(1.) DEVINDER Kumar petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India and he has prayed for the issuance of a writ of certiorari by quashing the order Annexure P -5 vide' which his case for disability pension has been rejected by the respondent - authorities and the petitioner has further prayed that a direction be issued to the respondents to release him the benefit of disability pension with effect from 3.2.1989.
(2.) THE brief facts of the case are that the petitioner was enrolled as an Airman in the Indian Air Force on 21.5.1986 and according to the petitioner he was declared fully medically fit by the Medical Board at the time of entry of his service. He was detailed for escort duty with CPL Ramchandran who was the patient of mental disease. During this period, the petitioner developed mental disorder due to the stress and strain of the escort duty of mental patient and he lost balance of mind. The petitioner remained admitted in Air Force Hospital where the disease of the petitioner was diagnosed as "Affective Disorder Mania". The petitioner remained admitted in the hospital with effect from 14,9.1988 to 2.2.1989. The petitioner was invalidated out of the Air Force Service and disability was assessed as 40%. The petitioner had been waiting for his disability pension. According to the petitioner, the disability suffered by him is attributed to the Air Force Service and he is therefore entitled to disability pension.
(3.) I have heard the learned counsel for the parties and with their assistance I have gone through the record.