MAHESH PRASAD MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has sought for a direction to provide re -employment and also for grant of disability pension from the date of his discharge, i.e., 28.2.1990 from defence service.

(2.) It is not in dispute that the petitioner was discharged from Army Service on the ground of disablement due to Low Medical Category, i.e., BEE(P) on 28.2.1990 and thereafter, he applied for grant of disability pension, which has been denied.

(3.) Under Rule 173 of the Pension Regulation for the Army, 1961, Part -I, disability pension is to be granted to an individual who is invalidated from service on account of a disability -which is either attributable to or aggravated by military service and assessed at 20% or above.