ORDER

1. This Appeal assails the Order passed by the Division Bench of the High Court of Delhi at New Delhi dated March 30, 2006 whereby WP(C) No.3923 of 2005 came to be dismissed. The prayer in the Writ Petition, inter alia, was for the issuance of a writ directing the respondents to release

(a) disability pension in favour of the Petitioner if disability is twenty per cent and above,

(b) the service element of pension in favour of the Petitioner and

(c) to re-enrol the Petitioner if his disability is found less than twenty per cent.

2. Succinctly stated, the facts germane for deciding the present Appeal are that consequent to the Primary Medical Examination for Recruitment having been conducted vis-a-vis the Appellant/Petitioner on 22nd December, 2000, he was enrolled in the Indian Army as a Combatant Soldier on 15th March, 2001. It bears noting that Rule 5 of the Entitlement Rules for Casualty Pensionary Awards, 1982, provides that

(a) “a member is presumed to have been in sound physical and mental condition upon entering service except as to physical disabilities noted or recorded at the time of entrance

(b) in the event of his subsequently being discharged from service on medical gro