( 1 ) THE petitioner an ex-gunner has filed this writ petition on 14-2-1994 seeking a direction to the respondents to release the disability pension to the petitioner w. e. f. 11-8-71 and quashing the impugned order dated 18-8-1990 (Annexure-PU) whereby the petitioner s claim for disability pension was rejected.

( 2 ) IT is not disputed that ex-gunner Phul Singh (1181704) was enrolled in the Regiment of Artillery on 19-12-62 and was recommended the invalidment out of service w. e. f. 10-8-71 due to invaliding disability NEUROSIS (300 ). This was done under Rule 13 (3) Item No. III (iii) of Army Rules 1954 by a duly constituted Invaliding Medifcal Board arranged for him at Command Hospital (Central Command) Lucknow. No family pension was released or sanctioned to the petitioner.

( 3 ) VIDE letter dated 9-10-71, the petitioner was informed of his claim for disability pension having been rejected. The Communication (Annexure P-2) clearly stated :

"disability PENSION REJECTION OF After a careful consideration of your case it has been intimated by the CDA (P) Allahabad that the disability which resulted in your invalidment : (i ) is not attributable to Military service;