1. By this petition under Articles 226 and 227 of the constitution of India, the petitioner seeks a writ of mandamus or any other suitable writ, direction or order against the respondents for grant of disability pension.

2. Facts giving rise to this petition are these. The petitioner having passed his High Secondary Examination joined the Indian army on 23.6.77 as Grenadier (GD), after successfully clearing examinations of physical and mental fitness. After recruitment, he was further subjected to strict medical test by a competent Medical Board and was placed in the category, AYE', which is the minimum medical standard required for an Indian Soldier. Thereafter, the petitioner was allotted Army Service No. 14329381-K, and was posted to Artillry Centre for undergoing training as Grenadiers. The petitioner completed his training successfully and was awarded a certificate of Technical proficiency on 21.9.1978 (Annexure-B). The petitioner was again tested for his Technical proficiency class-II and was granted a certificate, dated 20.9.1980 (Annexure-C) by the Technical Testing Board. Annexure-D is the certificate dated 11.10.1980 of class-I of the Technical Testing Board issued in accordance with the provisions of Qualification Regulations for Soldiers, 1958. The petitioner also passed the Map Reading Examination. Standard III, held on 28th October, 1977, vide Annexure-E. The petitioner further passed Second Class Certificate Examination of Army Certificate of Education on 13th March, 1982, certificate is Annexure- F. As the petitioner was enjoying sound health and passed all necessary tests and examinations from time to time, he was posted at 100 Field Regiment, situated at the altitude of 5,000 ft. The petitioner was discharing his field duties of military service faithfully and with devotion, but, while in discharge of his duties the petitioner developed vague somatic symptoms. Therefore, he was sent on sick leave and was shifted to Military Hospital at Palambur on 15.3.1984, where he remained under treatment up to 17.4.1984. From there the petitioner was shifted on 18.4.1984 and remained up to 14.7.1984 at 167 MH. Again the petitioner was admitted from 14th July, 1984 to 16th July, 1984 at Palambur, then at M.H., Sagar from 18th July, 1984 to 20th July, 1984, and from 21st July, 84 to 13th Aug'84 at M.H. Jabalpur, and then lastly was admitted on 14th August, 1984 at M.H. Jhansi and remained under treatment till 26.11.1984, the date of discharge. The petitioner was diagnosed and treated for "SCHIZOPHRENIA". Because of the disease the petitioner was declared unfit for further service. This opinion was given by classified specialist (Psychiatry). Medical Board examined the petitioner for the purposes of disability pension, who opined that the cause of disability is constitutional unconnected with service conditions. The Board also opined that the petitioner is not fit for suitable employment in Civil. Certificate is dated 24.12.1984. Thereafter, the petitioner's Case was considered for disability pension by the office of the CDA (Pensions), Allahabad, which was rejected on 15.7.1985, stating that the disease is not attributable to military service, and accordingly, the petitioner was intimated on 5.8.85 vide Annexure-I. Aggrieved of this decision, the petitioner preferred an appeal to the Government of India, Ministry of Defence, Sena Bhavan, New Delhi-II, but with no result. Hence, this petition.

3. The respondents have not filed any return, but have placed before this Court the proceedings of the Medical Board invalidating the petitioner as unfit for further service, in which in column-B, the cause of disease is stated as constitutional disease unconnected with service conditions. The respondents have also placed a letter, dated 15th July, 1985, along with the report of the Medical Board.

4. Shri P.N. Dubey, learned counsel for the petitioner submitted that the disease is attributable to military service, as it did not exist