The facts which are not in dispute are as under:-

1. Petitioner was enrolled in the army on 31st March79 and was allotted No.13742577-N. After completion of basic military training, he was posted to 8 JAK Rifles on 9th Feb80. He was invalided out of service on 20th Aug95, on medical grounds and was placed in medical category EEE. He was diagnosed as a case of Schizophrenia-295 and his disability was assessed at 70%. The petitioner applied for disability pension and his case was forwarded to the office of Controller of Defence Accounts (Pension), Allahabad, for adjudication vide letter No. SR/13742577/DP dated 24th Aug96. The said authority considered the claim of the petitioner for grant of disability pension and rejected the same on the ground that the disability suffered by the petitioner is neither attributable to nor aggravated by army service. The petitioner preferred an appeal which was forwarded to the Government of India, Ministry of Defence vide letter No.G3/95/114/9/91/11 dt. 5th Sept97. The appeal of the petitioner, however, was also rejected and the petitioner was intimated about the same vide letter No. 7(2116)/97.D (Pen. A&AC) dated 3rd July2000.

2. In para 1 of the obj

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