K. Ramamoorthy, J.

( 1 ) ON the 1/8/1985, the Government of India passed an order stating that:

"i am directed to say that the disabilities viz. (i) "schizophrenia", (ii) "multiple INJURIES AND (iii) CLOSED HEAD INJURY", on account of which the above named officer was invalided out of service should be regarded as neither attributable to nor aggravated by his military service. "

( 2 ) THE petitioner issued notice under Section 80 Civil Procedure Code in May, 1986 and instituted a suit claiming the relief that he was not suffering from any ailment as stated in the order. In April, 1991, the petitioner withdrew the suit. What is stated now is that the petitioner was under hallucination that he had been offered compensation by the Chief of the Army Staff and under that mental state of mind he withdrew the suit.

( 3 ) THE writ petition was filed on the 3/3/1997. What is now claimed is that the petitioner is suffering from the disease "schizophrenia" and he was invalided out of service because of this ailment and he had suffered the ailment while in the military service and, therefore, he is entitled to disability pension. The Medical Board which examined him had given the opinion that th

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