Anil Dev Singh, J.

( 1 ). WHILE addressing the arguments on the application CM 3400 of 1994 the learned counsel for the parties covered the entire gamut of controversy raised in the writ petition. Learned counsel for the parties agreed that the writ petition be disposed of instead of merely disposing of the application. Accordingly I proceed to dispose of the writ petition.

( 2 ). THE petitioner was enrolled as a sepoy in the army on March 19,1982. At the time of his entry in the army no note of any disease was made, though his medical examination was conducted. It is stated in the petition that the petitioner performed his duties as per the following details:

1)MARCH 1982 to February 1983 - He succesfully completed the basic training and was posted to 10 Grenadiers. During this period he took active part in Athletics. 2)In February 1983 the petitioner joined his unit at Hyderabad and from February 1983 to May 1983 he took active part in sports. He secured first position in cross country running in a competition held at Brigade level. 3)From May 1983 to some part of the year 1986 the petitioner s unit moved to Jammu and Kashmir and he performed his duties under difficult climatic conditions. He also took part in Athletics during this period and was found fit. 4)From remaining part of the year 1986 to March 1987 the petitioner moved to Jallandhar and then to Attari Border. At Attari Border the petitioner had to perform duties for long hours. 5)In March 1987 the unit was ordered to withdraw from the border and the petitioner was detailed to close down mine dumps and for shifting of heavy luggage. 6)On March 13, 1987 the petitioner fell ill due to fatigue and was taken to the Military hospital, Amritsar. From there he was shifted to the Military Hospital, Jallandhar and then to the Army Hospital, Delhi, where he was treated as a psychiatric patient.

( 3 ). IN December 1987 the petitioner was downgraded to medical category " CEE " for six months. In the middle of year 1988 the petitioner was examined for recategorisation but his medical categroy was not changed and the same was extended for another six months. Thereafter the petitioner was again examined at the Military Hospital, Jabalpur for recategorisation. By that time his condition had improved and he was upgraded to category "bee". In January 1990 the petitioner joined his unit in Ranchi but developed sympotms of mental disorder and was admitted in the Military Hospital, Danapur. Ultimately on October 2, 1990 the petitioner was invalidated out from service in low medical category "eee" with 40% disability for two years.

( 4 ). THE petitioner claimed disability pension from the respondents on account of having suffered disability attributable to military service. But the claim of the petitioner was rejected on October 7,1991 by CCDA (P) Allahabad on the ground that the disability was not attributable to military service.

( 5 ). FEELING aggrieved by the order of the CCDA (P) the petitioner filed an appeal to the Ministry of Defence. On April 26, 1993 his appeal was rejected by the Government of India on the ground that the medical authorities were of the view that his disability was neither attributable to military service nor had been aggravated due to it.

( 6 ). IN these circumstances the petitioner has filed the present writ petition challenging the order of the Government of India dated April 26, 1993 with the prayer, inter alia, that the respondents be directed to pay disability pension to the petitioner with effect from the date of his discharge from service alongwith interest @ 18% per annum. Besides the petitioner is claiming compensation for suffering mental agony due to denial of disability pension and other benefits.

( 7 ). I have heard learned counsel for the parties on both sides. The short question involved in this writ petition is whether the petitioner who was discharged from service on the ground of mental disorder is entitled to disability pension. In this reg

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