T. V. R. TATACHARI, J.

( 1 ) THIS writ petition has been filed by Major Harbans Singh (Retired) against the respondent, the Union of India, through the Secretary, Ministry of Defence, regarding his claim for "disability pension".

( 2 ) THE petitioner was commissioned in the Indian Army on 3rd May/21st December, 1947, from the Indian Military Academy, Dehra Dun. After joining the Indian Army, the petitioner served at various places and was promoted from time to time till he attained the rank of a substantive Major in the Indian Army. He was in field service in Jummu and Kashmir from 8th October, 1952, to 26th November, 1955, and in N. E. F. A. from 12th December, 1959 to 17th December. 1961.

( 3 ) IN December. 1961, he was commanding 71 Heavy Mortar Bat- tery with Battery Headquarters located at Walong in N. E. F. A. While so, he applied for annual leave of 60 days, and the same was sanc- tioned for the period from 9th December, 1961, to 6th February, 1962, by his Commanding Officer, Col. R. T. K. Foregard. He flew from Walong to Jorhat and from there he travelled by aeroplane to Calcutta. According to the petitioner, before starting from Walong on his annual leave, he had received

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