( 1 ) THE petitioner, who was serving in the Indian Army, has claimed disability pension.

( 2 ) THE circumstances under which the petitioner s discharge are stated in the counter in the following terms. The petitioner was wounded in O. P. Riddle on 9. 9. 1965 while serving with 5 JAT. The result was there was amputation of his right index finger. He was placed in the medical category cee (temporary) for six months w. e. f. 13. 8. 1966 which was continued for a further period of six months w. e. f. 21. 2. 1967. The petitioner s case was reviewed and was placed in permanentmedical category cee on 19. 1. 1968 and retained in service in sheltered appointment. He was discharged from service w. e. f. 28. 6. 1970 as sheltered appointment was not available thereafter. He was brought before a Release Medical Board at Military Hospital, Bareilly. The Release Medical Board passed the disability at 1. 5 percent attributable to military service. The claim of the petitioner for the disability pension was considered by the Chief Controller of Defence Accounts (Pensions), Allahabad and the same was rejected on the ground that the disability had been assessed at 1. 5 percent below