1. Petitioner was enrolled in the army on 22nd April69 and successfully completed the military training. He was then promoted to the rank of Havildar w.e.f. 1st Jan83. Petitioner was invalidated out of service in low medical category EEE w.e.f. 2nd Nov88. The Invaliding Medical Board assessed the disability of the petitioner at 40%. Petitioner preferred his claim for disability pension but the respondents allowed the disability at 20% instead of 40% in medical category EEE. The grievance of the petitioner is that he represented before the respondents for considering his claim regarding grant of disability pension as per the assessment made by the Invaliding Medical Board but no action was taken by respondents.

2. On notice, respondents have filed counter in which they have admitted that the petitioner was invalidated out of service being a low-medical category EEE w.e.f. 3rd Nov88, under Army Rule 13(3) item III (iii) due invaliding disability "Lumbar Canal Stenosis (OPTD) and the Invaliding Medical Board assessed the disability of the petitioner at 40% but according to para 17(a)(ii) of Entitlement Rules as amended by the Government of India, Ministry of Defence Corrigendum No. 1(1

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