B. N. CHATURVEDI, J.

( 1 ) THE petitioner was enrolled as non-combatant in the trade of sweeper in indian Army on 29th of April, 1964 in the Corps of Electrical and Mechanical engineers (EME ). He accepted combatantisation under the terms and conditions of service laid down in GOI, Ministry of Defence letter No. 19178/ix/trg. 2 (MP) (C)/1 of 16. 3/d (AO) dated 31. 12. 1971 with varied terms of engagement of 18 years of service or on attaining 45 years of age, whichever was earlier. He was discharged from service w. e. f. 1. 11. 1977 (F/n) under Rule 13. (3) (iii) (i) of Army Rules, 1954 on completion of 13 years and 174 days service and on attaining the age of 45 years. The petitioner was placed in low medical category `cee (Temp) w. e. f. 13. 8. 1976. He was brought before a Medical Board and was placed in medical category `cee (Prmt ). His disability `mylagia BACK was assessed at 33% for two years and was, accordingly, granted disability pension. The same was, however, stopped w. e. f. 24. 2. 1988 by CCDA (P) on Re-survey Medical Board, held in February, 1988, assessing his disability less than 20%. The decision in this regard was, however, communicated to the petitioner in Au

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