Devinder Gupta, J.

( 1 ) TWO orders dated 17. 11. 1994 and 11. 2. 1995 (annexure-P. 1) passed by the respondents denying the claims for disability pension and disability benefits under the Army Group Insurance Scheme are under challenge by the petitioner in this petition filed under Article 226 of the Constitution of India.

( 2 ) THE petitioner joined army on 1. 5. 1975 as a Sepoy in Rajputana Rifles. On 2. 5. 1982, he was transferred to Intelligence Corps as Translator/havaldar (Chinese language ). The petitioner was promoted as Naib Subedar on 12. 9. 1983 and to the rank of Subedar on 1. 11. 1989. He became substantive Subedar w. e. f. 1. 11. 1990. On 9. 6. 1990, the petitioner was posted to 23, Wireless Experimental Unit, Ranikhet at which place he continued to serve till 31. 8. 1994.

( 3 ) AS a result of the petitioner s involvement in an accident of two army vehicles, on 2. 2. 1993, the petitioner sustained multiple fracture in the right ankle. He was admitted to Military Hospital, Ranikhet for treatment. Because of indication of Gangrene in the right leg, he was transferred to Command Base Hospital, Lucknow, where his right leg below the knee was amputated on 8. 2. 1993. On 3. 3. 1993 the petitioner was transferred to Artificial Limb Centre, Pune where he was provided with an artificial limb below knew in the right leg and consequently, he was placed in Low Medical Category "cee" (Permanent) w. e. f. 10. 7. 1993 by the Medical Board and his disability was assessed as 60% permanent, for which discharge/disability certificate was issued by the Artificial Limb Centre, Pune. The disability of the petitioner was wholly attributable to military service as per the orders passed by the Competent Authority.

( 4 ) IT is the petitioner s case that had his case been duly processed under Army Order No. 46/80 and under Army Headquarter s letter dated 24. 3. 1992 governing discharge of permanent low medical category personnel, he would have been discharged from service w. e. f. 10. 7. 1993 on medical grounds with normal service pension, as admissible for 19 years and 4 months of service to his credit. Instead of doing so his retention in service in public interest was accorded with effect from the date of placement in low medical category. Keeping in view the fact that the Translator Category personnel were much deficient in work and that the petitioner was a sincere and hard working J. C. O. and had been assessed as an above average J. C. O. in his A. C. Rs. and had also been recommended for further promotion to the next rank of Subedar-Major and for the grant of Honorary Commission, the Commanding Officer expressed full sympathies with the petitioner s difficulties and on pursuation from the Commanding Officer and other sincere officers of the Unit and keeping in mind the future of his family and chldren, the petitioner gave his willingness for being retained in service. His retention in service in low medical category - CEE (P) was duly recommended by the Commanding Officer of the Unit and was approved in public interest w. e. f. 10. 7. 1993 for so long as the petitioner was held within the over-all sanctioned strength of the Corps till completion of the normal terms of engagement/retiring service limit or so far the sheltered appointment was available, which ever was earlier. It was done under Government of India, Ministry of Defence letter dated 10. 5. 1977, enclosed as annexure- a to Army Order No. 46/80 (annexure-P. 5 ).

( 5 ) THE petitioner further alleged that he kept on performing his duties and discharging the work to the entire satisfaction of his seniors despite the fact that he used to experience difficulty in the discharge of his duties due to recurring pain in his amputated leg but he never complained about his difficulties to any one. It is further alleged that due to some unknown reasons the O. C. Section Major Eisenhower started harassing him. (We need not enter into this controversy and for that reason need not not

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