Petitioner is aggrieved since he is denied the disability pension. Disability to the extent of 60% is admitted. The petitioner also has been included in the medical category EEE and he is thus unfit for service under the respondents. Pension is refused on the ground that the disease suffered by the petitioner is not a scheduled one under the Schedule to the Central Civil Services (Extraordinary Pension) rules (hereinafter referred to as the Rules). That the personnel under the respondents are governed by the above mentioned Rules, is not disputed.

2. Petitioner entered service of the Boarder Security Force as Constable (OPR) and joined duty on 26-4-1973. He was thereafter promoted as Naik (OPR), Head Constable (Cipher) and Assistant Sub Inspector (Cipher). While the petitioner was serving in Assam/West Bengal in 1984, he developed dandruff slowly and then some skin lesions causing itching which spread all over the body. He came to Delhi for Cipher Grade II Course. He was referred to Skin OPD Safdarjung Hospital, New Delhi and they referred him to AIIMS. He took treatment for about four months. He returned to Siliguri. His disease aggravated and he took treatment in SSKM