JUDGEMENT AND ORDER :

1. Heard Mr. D.K. Sarmah, the learned counsel appearing for the petitioner. Mr. S.C. Keyal, the learned Asstt. Solicitor General of India appears for the respondents.

2. The petitioner was enrolled as a Rifleman (Water Carrier/Cook) in the 25 Assam Riffles on 6.11.1987 and after around 12 years of service, he was discharged on 31.5.2000 (Annexure-1), with medical pension. His invalid pension was fixed at Rs.1275/- P.M., under the P.P.O. No.234980012779/283749, dated 12.10.2000 (Annexure-2). Subsequently on the petitioner’s application, a medical examination was arranged for commutation of pension for the discharged personnel.

3. An application was made by the petitioner in July, 2009 (Annexure-4), for his reinstatement and his case was forwarded on 17.8.2009 (Annexure-5), to examine his entitlement to the disability pension. But as the disability for the petitioner was seen to be NIL, he was declared to be ineligible to receive disability pension under the impugned communication dated 9.9.2009 (Annexure-6). Hence the petitioner makes a plea for his reinstatement, since NIL disability is noticed by the medical board.

4. In the counter affidavit filed by the respond

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