M. S. A. Siddiqui, J.

( 1 ) THE challenge in this Writ Petition is to the order dated 1st October, 1991 passed by the Controller of Defence Accounts (P) Allahabad, by which he rejected the petitioner s disability pension on the ground that the injury was not connected with the service and as a result he cannot be declared to have suffered injury due to the service.

( 2 ) THE petitioner was enrolled in the Army as Combatant Soldier and was appointed in the service on regular basis with effect from 30th January, 1975. While he was in service, he had sustained injury in his right ear. Due to lack of treatment, the said injury became aggravated. The invalidating Medical Board was held at the Military Hospital, which assessed his disability due to the said injury at 30%. He was recommended to be invalidated out of service. He was discharged from service as an invalidated man on 24-2-1991. Acting upon the medical opinion, the Commanding Officer sanctioned the 30% disability pension to the petitioner with effect from 25th February, 1991. But on reference to the Chief Controller of Defence Accounts (P), Allahabad (for short `ccda ), the petitioner s claim for disability pension was rejecte

Click Here to Read the rest of this document