S. Manikumar, J.

Challenge in this writ appeal is to an order dated 19.01.2009 made in W.P.No.12733 of 2005, by which, the writ court, declined to interfere with the orders dated 27.01.2000 and 04.12.2002 passed by the Secretary to the Government, Ministry of Defence, Department of Pension & AC, New Delhi, respondent No.1 as well as the order dated 03.04.1998 passed by the Commanding Officer/Officer-in-Charge, State of Bihar, respondent No.3 and consequently, refused to issue any direction to grant of disability pension to the appellant (since deceased). Legal representatives are pursuing the claim for disability pension.

2. The appellant (since deceased) joined Indian Army on 06.04.1988 and served for a period of eight years and eight months. While he was serving in 603 ASC Battalion (AM), he was admitted in the Command Hospital (Western Command) at Chandimandir in two spells. The first spell was between 26.09.1995 to 19.10.1995, when he was admitted on the ground of back pain and the second spell was from 12.12.1995 to 04.04.1996, for the complaint of PIVDL - 4/5 (OPLD). Once again, the appellant was admitted in Command Hospital, Air Force, Bangalore on 22.08.1996 by his family members for unprovoked physical aggression on his family members and neighbours. The Senior Advisor Psychiatry diagnosed the ailment as 'Schizophrenia' and therefore, he was considered to be unfit for further service in Indian Army, by the Medical Board and recommended for invalidating him out of service, from Army, with effect from 31.12.1996.

3. The appellant had further contended that in terms Rule 13(3) read with Item III (iii) of the Army Rules, 1954, it is stated that, if a person is medically unfit for further service, he can be discharged only on the recommendation of the Invalidation Board. It was also stated by the Release Medical Board that the disease, which the appellant (since deceased) suffered, was neither attributable to nor aggravated by military service. It was a constitutional disease and not connected with service. He was placed under the low medical category of EEE(Psy).

4. The appellant's case for disability pension was forwarded to higher authorities. However, by order dated 03.04.1998, he was informed that his disability pension claim was adjudicated by CCDA(P), Allahabad in consultation with the Medical Advisor (Pension) attached to their office and that his disability Schizophrenia, was neither attributable to nor aggravated to military service. He was also informed that under the existing rules, he was not eligible for any disability pension. He was also informed that he could file an appeal against the said order to the Government of India, respondent No.1.

5. The appellant filed an appeal to the respondent. Government of India, by order dated 27.01.2000, rejected his appeal and informed the appellant that the disability, on account of which he was released from service, was a constitutional disorder. Upon perusal of his service/medical documents, the Appellate Medical Authority found that ID, was not connected with service. There was no history of CNS Infection/Trauma. There was no close time relation with any service related stress to the onset of ID. As the disability was regarded by the Medical Authorities, as neither attributable nor aggravated by duties of military service, he was not entitled to disability pension under the Rules. The appellant's second appeal to the Union of India was also rejected by an order dated 04.12.2002.

6. Being aggrieved by the same, he preferred W.P.No.12733 of 2005, contending inter alia that rejection of his claim for disability pension was arbitrary and improper. Reliance has been made to a decision of the Jammu & Kashmir High Court in Ex-Subedar Gurdass Singh v. Union of India and others reported in 2001 (1) J&K Law Reporter 149. However, upon perusal of the same, writ court, observed that the disability in the said case arose out of an injury suffered, when the petitioner in that