Swatanter Kumar, J.

1. A person subject to Army Act, if suffers an injury, when on casual leave, which ultimately resulted in his invalidation from the army service, on medical ground, would be entitled to receive the benefits of disability pension or not, is the precise question that falls for determination in this writ petition.

2. The petitioner, Ex. Naik Manjit Singh, was enrolled in Bengal Engineering Group in Draftsman Trade on 3rd May, 1963. The petitioner continued to serve and was posted at Headquarter 7th Infantry Division at Ferozepur Cantt. as Naik in the year 1973. The petitioner had proceeded on pre-sanctioned 10 days casual leave to attend his younger brothers marriage at his native place. The petitioner left his Headquarter on 27th November, 1973. However, whie returning from the place of marriage in a jeep, to his native place, the jeep in which he was travelling met with the accident with a Truck op 3rd December, 1973. The petitioner was seriously injured and after some treatment was evacuated at military hospital at Ferozepur, the petitioner was treated at various medical hospital and the Medical Board had placed him under Low Medical Category EEE with 10