The central legal point established in the judgment is the determination of entitlement to disability pension based on the attributability of the disability to military service.

( 1 ) THIS petition has been filed by the petitioner, seeking to claim pension, and for quashing the letters Ex. 5, 6 and 7 dated 18. 5. 78. , 14. 10. 1981, and 27. 8. 87 respectively.

( 2 ) THE claim of the petitioner is that her husband balla Ram was in service of Army from 20. 12. 1942 to 20. 2. 1957, and was discharged from service on the ground of disability, being mental case. The certificate in this regard is produced as Annexure-1. It is alleged that Balla ram was under treatment of Mental Hospital, Bareilly from 24. 2. 1961, and died on 21. 8. 1981 in the hospital itself. The petitioner wrote letter dt. 4. 5. 1978, for grant of disability pension, family pension, and ordinary family pension, but it was rejected vide Annexure 5, 6 and 7 dt. 18. 5. 78. , 14. 10. 1981, and 27. 8. 87.

( 3 ) WITH these facts the pension has been claimed on the ground, that the incumbent was discharged on the ground of invalidity from service, when he completed 14 years 2 months of service, i. e. completed the service for pension, and pension should be granted. The other ground taken is, that the incumbent was discharged as a mental case, and therefore, disability pension was required to be granted, and the petitioner is entitled to arrears thereof. In the alternative, the petitioner has claimed to be entitled to family pension, and in any case, to special family pension, as her husband was discharged on medical ground. It is pleaded that non payment of pension, every day gives a fresh cause of action to the petitioner. On these grounds the above reliefs have been claimed.

( 4 ) A reply has been filed, wherein a preliminary objection has been raised, to the effect, that according to section 4 of the Pension Act, 1987, the Civil Courts cannot entertain any suit relating to pension, and that, a right to pension cannot be litigated in the court of law, and civil Courts have no jurisdiction to pass any decree orders enforcing any liability on the Government to pay any pension, as such the writ petition is not maintainable.

( 5 ) THEN, a para wise reply is also given, and therein it is contended, that the matter was considered, and it was found, that the petitioner was not eligible for disability/ family pension, and therefore, the claim was rejected more than once. It was pleaded that the competent authority found, that since the disability was neither attributable to, nor aggravated by, military services, therefore, incumbent was not entitled for the grant of disability pension, and since he had not completed the qualifying pensionable service of 15 years, in view of Annexure R/2 he was not entitled to regular pension either. It was pleaded that the incumbent was invalidated out being a case of manic DEPRESSIVE PSYCHASIS. The same was neither attributable to, nor aggravated by, the military service, and therefore, he was not entitled to disability pension, and the amount of gratuity was of course paid.

( 6 ) ARGUING the writ petition, learned counsel for the petitioner maintained the stand taken in the writ petition, while the learned counsel for the respondent did not substantiate the preliminary objection, and argued regarding the stand taken on merits, about non-entitlement of the petitioner to get any pension.

( 7 ) FROM the above it is clear, that it is not in dispute, that the incumbent was enrolled on 20. 12. 1942, and was discharged by being invalidated out on 20. 2. 1957, and thereafter he remained in hospital, from 24. 2. 1961 to 21. 8. 1981, where he ultimately died. In these circumstances, the only question is, as to whether the disability, on account of which the incumbent was invalidated out on medical grounds, can be said to be attributable to, or aggravated by, military service. If the answer is in the affirmative, the petitioner becomes entitled to relief, and if the answer is the negative, then the petitioner shall not be entitled to any relief.

( 8 ) BEFORE proceeding further I may notice here, that when the w