Judgment

KHALID, J. :- The appellant joined the Indian Army on 9-2-1964, as an Emergency Commissioned Officer. During his service, he was promoted to the rank of Acting Captain. He was released from the Army with effect from May 30, 1970, as per letter dated February 19, 1970. The appellant states that he sustained three injuries during service. The first injury was sustained while he was on patrolling duty and the second injury during military service. These two injuries were detected in time. There was a third injury linked to the first injury. It was not detected in time but was discovered subsequently. He was placed in temporary medical category CEE for the first two injuries. Subsequently, on 24th April, 1969, this category was upgraded and he was placed in temporary medical category BEE-l. After re-examination on 17-1-1970, he was given medical category BEE-2 permanent.

2. The appellants case is that his release from service must be on medical grounds after complying with the procedure laid down in Army Rule 15A. This was not done. Therefore, he made various representations to the higher authorities, without success. He filed a suit in the Civil Court, Gurdaspur, for a declarat