JUDGMENT :

D.Y. Chandrachud, J.

Leave granted.

Delay condoned.

1. These appeals arise from judgment of the Armed Forces Tribunal dated 23 September 2010 and 15 September, 2016.

2. The appellant was enrolled in the Army Medical Corps on 23 June 1984. On 3 October 1997, a notice to show cause was issued to him to explain why he should not be discharged from service under Rule 13(3)III(v) of the Army Rules on the ground that his conduct which in service had not been found satisfactory. On 15 October 1997 the appellant was placed in a low medical category BEE (Permanent). On 4 December 1998, he was discharged from service under Rule 13(3) Table (III)(v). By that time he had rendered service of 13 years 8 months and 19 days (excluding 188 days non qualifying service). The minimum qualifying service for earning pension under Rule 132 of the Pension Regulations for the Army 1961 (Part-I) is fifteen years. By an order of 22 May 1999 the appellant was also denied disability pension.

3. The petitioner filed a writ petition before the Madhya Pradesh High Court which was dismissed on 21 November 2006. In appeal a Division Bench by its judgment dated 3 January 2007 directed reconsideration of the cas