JUDGMENT

Kapadia, J.—By filing writ petition in the Delhi High Court, petitioner (appellant herein), a retired Lieutenant Colonel (Time Scale), sought weightage of 8 years to be added to the actual qualifying service as also enhancement of percentage of disability, in short, he asked for refixation of the pension.

2. The facts giving rise to the writ petition are as follows.

In 1962 appellant was commissioned as an officer in Indian Army. This was during National Emergency created by Chinese invasion. He was an officer in the Sikh Light Infantry.

3. In 1965 while fighting in Jammu and Kashmir sector against Pakistani troops appellant got a shell injury in his left shoulder. After war, he was retained in service, granted permanent commission and allowed to work till 30.11.89 when he was released on superannuation on completion of 51 years of age after putting in qualifying service of 26 years. Before his retirement appellant was subjected to examination by the Medical Board which assessed the appellant’s war injury disability at 30%, permanent for life.

4. During the period 30.11.89 to 25.10.99 the appellant was given 8 years weightage (in years) to be added to his qualifying service