JUDGMENT

Dalveer Bhandari, J. —

1.Leave granted.

2.This appeal is directed against the judgment and order dated 27.3.2009 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 7834 of 2009.

3.The short question involved in this appeal pertains to the controversy whether the appellant is entitled to disability pension?

4.Brief facts which are necessary to dispose of the matter are recapitulated as under:

The appellant was enrolled in the Territorial Army on 28.9.1975 as a Sepoy. At the time of joining service the appellant was put through the medical test and was found medically fit. According to the appellant, while serving in the Army, he had contacted the disease known as “Unspecified Psychosis” on 26.6.1985, which is a psychiatric disorder. The appellant was treated in the Army Hospital at Delhi Cantt. On the recommendations of the Medical Board which assessed the appellant’s disability as 40%, he was invalided out from the service. According to the Medical Board the disease of the appellant was neither attributable to nor aggravated by the military service.

5.The claim of the appellant for grant of disability pension was rejected by the competent authority. The a