1. The facts on which the decision of this petition under Article 226 of the Constitution of India must turn are not in dispute and may be briefly set out. The petitioner, Bhagwant Singh, while serving as a civilian clerk with the rant of Subedar in Army Ordnance Corps, developed diabetes which necessitated his repatriation from Singapur to India in February, 1946. He was sent to a board of medical specialists and declared unfit for service on the 17th of September, 1946 on account of "diabetes mellitus." In the view of the medical board the disability had aggravated by was service and the degree of disablement was assessed at 50 per cent "incapable of improvement". He was granted provisional pension described as a "pending enquiry award" at Rs. 88/8/- with effect from 8th of November, 1946.

Subsequently the pension was made a permanent disability pension also with effect from 8th of November, 1946, but the amount was reduced to Rs. 82/8/-. The petitioner was given some other employment till 1953 in the Delhi Ordnance Depot. By letter dated 23rd of March, 1955, the petitioner was informed that the pension granted to him stood cancelled and it was explained subsequently that