( 1 ) HEARD learned counsel for the petitioner and learned additional Standing Counsel for the Union of India.

( 2 ) AFTER the success of operation Vijay, the entire country has showered tribute and homage to the departed soldiers who lost their lives, and also saluted the bravery of the soldiers who in difficult mountain terrain where the temperature was below the freezing point successfully repelled the onslaught of the intruders.

( 3 ) NOW the time has come when the attitude and behavior of the Army Officers and the Defence Ministry towards soldiers should change. No doubt discipline and sterness is the hall mark of Military service but it does not mean that the soldiers who are separated from their families to guard the border states, thousand of miles away from their homes and are often subjected to mental stress and strain be allowed to be abandoned, if they are discharged from military service on account of any disability which is attributable to the military service. Their cases for grant of disability pension deserve sympathatic and compassionate consideration. Undoubtedly, the rules and orders, in that regard Pharsh, which require review, in view of the respect they command, so young men instilled with sense of patriotism, may join the military service without a feeling of insecurity in future.

( 4 ) THE petitioner was initially recruited in the Army on 3rd of june 1975 after being posted at various places at the relevant time was performing his duties in Jammu.

( 5 ) AT the time when he was recruited he was not suffering from any ailment. The Medical Board, which examined him, declared him fit to perform the arduous duty as a soldier. But while he was posted at Patni Top in the district of Udhampur (J and K), the petitioner suffered from neurosis, may be due to stress and strain to which a soldier is bound to be effected due to separation from his family.

( 6 ) AS soon as his illness was detected he was transferred to chandigarh but his condition aggravated. Thereafter he was shifted to Command Hospital at Lucknow. He was discharged from Military service due to disability in category EEE which according to the petitioner was permanent one.

( 7 ) IN the counter affidavit it was not denied that while performing the difficult and hard duties at Jammu he was posted at patni Top in the district of Udhampur but it was contended that it was not on high altitude. It seems that the authorities that have passed the orders have no knowledge about the topography that it was not on high altitude. It seems that the authorities that have passed the orders have no knowledge about the topography of udhampur district or Patni Top in Jammu and Kashmir which is at a high altitude. If it is assumed that he was not posted on a high altitude, even then owing to aloofness from the home and the family, a soldier may be subjected to such illness which is evident from the averments made in paragraph 15 of the counter affidavit where it has been stated that the petitioner was enrolled in the Army Corps of signals on 3rd of June, 1975 by Recruiting Officer, Bareilly. After having rendered seven years and twenty six days service in the army, the petitioner was discharged from service on 29th June, 1962 (A. N.) under Army Rule 13 (3) III (iii) having been invalidated and boarded out from service by the Invaliding Medical Board due to disability "neurosis DEPRESSIVE REACTION (300), in low medical category eee. Degree of disablement was assessed at 30% for two years by the properly constituted invaliding medical board.

( 8 ) THE petitioner staked a claim in respect of grant of disability pension. His application was forwarded by the Officer incharge, Signal Records, Jabalpur to Controller of Defence accounts (Pension) rejected the claim regarding pension in respect of the petitioner by means of his order dated 21st September, 1982. The petitioner thereafter approached the Officer-in-Charge, Signal records, Jabalpur by making a representation/ Appea

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