JUDGMENT :

Om Prakash Shukla, J.

(1) The challenge in the instant writ petition under Article 226 of the Constitution of India is to an order passed by the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as ‘Tribunal’) on July 01, 2021 whereby, Original Application No. 164 of 2019 filed by the applicant/petitioner arising out of letters dated 27.02.2016 and 19.01.2018 rejecting his claim for grant of disability pension, was dismissed.

(2) Succinctly, the facts of the case are that the applicant/petitioner was enrolled in the Indian Army on April 28, 2014. On November 18, 2014, the Invaliding Medical Board (hereinafter referred to as ‘Board’) found the petitioner to be suffering from ‘Primary Generalised Epilepsy’, which disability was assessed at 20% for life. The opinion of the Board was that disability was ‘neither attributable to nor aggravated’ (NANA) by military service and consequently, the petitioner was invalidated out/discharged from army service on January 01, 2015. The assessment of disability pension of the petitioner was also adjudicated and it was opined by the competent authority after assessment that the net assessment qualifying for disability