V. P. MOHAN KUMAR, J.

( 1 ) THIS is the story of a soldier who having spent best part of his life in the cause of the Country is now denied what is legitimately due to him and is compelled to seek relief from the court of law. The normal avenues which should have otherwise come to his rescue and meted out justice have turned a Nelson's eye to his grievances.

( 2 ) THE facts of the case, in brief, are as follows:the petitioner was enrolled as a Jawan in the year 1963 in madras Regiment. In 1972, he was serving in Jammu and kashmir and while on a routine check-up, it was discovered that he had a chest complaint. He was treated in the Military hospital where it was discovered that he was suffering from "aortic Stencsis". There upon he was demoted to medical Category CEE from Medical Category AYE with effect from 1-5-1972. AYE Category classifies persons fit for active service, whereas CEE Category classifies persons with impaired physical capacity. He continued medication and was in that category for four years. Thereafter, he was upgraded to Category aye again. He was thereafter again suspected to suffer from "systolic Murmur". He was referred to Pune where the Medical board, after ex

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