R.S.Mongia, J.

1. The petitioner was enrolled in the Army Medical Corps on December 1, 1966, as a Clerk (G.D.) and was promoted to the rank of Hawaldar in February, 1984, while he was posted in the Army. Hospital, Delhi Cantt., he proceeded on two days casual leave from August 1, 1984, to August 2, 1984, for going to his home at village Bindhroli, district Sonepat, due to some urgent work. When he was returning after availing the said casual leave on August 3, 1984, he met with an accident while trying to board the train. One leg of the petitioner was chopped off at the spot of the accident and the other leg had to be amputated by the doctors in the Army Hospital, Delhi Cantt. In fact the leg, which was chopped off at the time of accident, had also to be amputated below knee. He was medically declared to be in the category of EEE w.e.f November 4, 1985. Though other retiral benefits were given to the petitioner, yet he was not given disability pension on the ground that the disability was not attributable to Military service and the injury did not exist before or arose during Military service or had been aggravated by the Military service. This order denying the disability