( 1 ) ON the 6th of November, 1984, the petitioner was examined by the Medical Board and the following report was given about his physical condition:

"i. CERTIFIED that I/wehave carefully examined No. 761010117 NK RO Mahinder Pal Singh, s/o Late Shri Babu Ram in the Base Hospital No. I, CRPF, New Delhi. His age by his own statement is 35 years and by appearance about 35 years. l (We) consider No. 761010117 NK RO Mahinder Pal Singh s/o late Shri Babu Ram to be completely and permanently incapacitated for further service of any kind in the Department to which he belongs in consequent of Head Injury (Effect of) (here state disease or cause ). His incapacity does not appear to rne/ us to have been caused by irregular or intemperate habits. "

( 2 ) THAT he had served on the date when he sustained injury for eight years and seven months is common ground. The petitioner claimed pension on the basis of the medical report because he was not in a position to serve in view of his ill-health, and that was not given to him. Therefore, he has approached this Court claiming the relief under Rule 38 (3) of the CCS (Pension) Rules, 1972 as invalid pension.

( 3 ) THE answer by the r