JUDGMENT 1. - The husband of the petitioner was initially enrolled in Army on August 1, 1954 and discharged on December 26, 1954. He was further enrolled on January 15, 1995 in medical category A and did not suffer from any disease. The husband of the petitioner fell ill due to stress and strain of the service and was invalided out from service on December 5, 1960 in medical category E as per discharge certificate. The petitioner averred that her husband was entitled for grant of disability pension w.e.d. December 6, 1960 in accordance with Regulation 173 read with Rule 7 (b) of the Appendix II to the Pension Regulations for the Army Part I. The Records Armoured Corpos being claimant as defined in Regulation 90 was required to submit the disability pension claim of petitioner's husband to C.C.D.A. (P). The husband of the petitioner died on March 2, 1979 on account of disease due to which he was invalided from service. The petitioner applied for special pension during 1980 which was rejected vide C.C.D.A. letter dated Jan. 15, 1980. The petitioner after submitting various petitions to the respondents finally sent a notice for demand of justice on June 30, 1997 and filed the instant writ petition on November 13, 1997. 2. The respondents filed return and averred that the husband of the petitioner was discharged from service being unlikely to become an efficient soldier as per entry recorded in the long roll. The AC Records vide his letter dated December 21, 1996 informed the petitioner that there is no records of disability pension exists in the Long Roll. The respondents averred that as per para 132 of Pension Regulation Part I, 1961 minimum qualifying service to earn service pension is 15 years, but the late husband of the petitioner served only 6 years, 3 months and 18 days service, hence he was not entitled for any type of pension. As per entry recorded in the long Roll the request for special family pension was also rejected by the CCDA (P) Allahabad vide his letter dated January 15, 1980. On November 26, 1961 a sum of Rs. 250/- was paid as gratuity through money order as he was discharged from service unlikely to become an efficient soldier. 3. 1 have given my anxious consideration to the rival submissions. 4. On November 26, 1961 a sum of Rs. 250/- was paid as gratuity through money order as he was discharged from service unlikely to become an efficient soldier. 3. 1 have given my anxious consideration to the rival submissions. 4. Meaningful question that requires consideration is whether the petitioner who was discharged from service on the ground of illness due to stress and strain of the service and was invalided out from service on December 5, 1960 in medical category E as per the discharge certificate is entitled to disability pension ? 5. To answer this core question, statutory, provisions that require to be noticed are Para 423(c) of the Regulations of the Medical Services of Armed Forces Act, Regulations 173 of the Pension Regulations and Rule 7(b) of Appendix II to Pension regulations. 6. Regulation 173 of Pension Regulations reads thus "Unless otherwise specifically provided a disability pension may be granted to an individual who is invalidated from service on amount of a disability which is attributable to on engravated by military service and is assessed at 30% or over." 7. Rule 7(b) of Appendix 11 (Entitlement Rules) reads as under: "(a) In respect of disease, the following rules shall be observed - (b) A disease which has led to an Individual discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of individual's acceptance for military service. However, if medical opinion hold, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service. 8. Clause (c) of para 423 of the Regulations of the Medical Service of Armed Forces Act provides thus (c) The cause of disability or death resulting from a disease as attributable to service when it Is established that the disease arose during service on the conditions and circumstances of the disease, cases in which 1 is established that the service conditions did not determine or contribute to the onset of the disease but influenced the subsequent course of the disease, will be regarded as aggravated by the service. A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in Service if no note of it was made at the time of the individual's acceptance for Service in the Armed Forces. However, if medical opinion holds, for reasons to be stated that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service. (Underlining is mine) 9. A close look at the afore quoted provisions demonstrates that if no note of disease was made at the time of individual's acceptance for Military Service or no note of it was made at the time of his discharge that the disease was such as could not have been detected on medical examination prior to his acceptance for service, the disease will be deemed to have arisen during service. 10. The petitioner's husband as already seen, was examined by the Medical Board at the time of his acceptance for Military Services and there is no note that he was suffering from any disability. Similarly no other note is recorded by Medical Board on a subsequent date that the disease in question was such that could not have been detected on medical examination before he had joined the service. On a careful scrutiny of the material on record I am satisfied that the cause of disability that led to discharge of the husband of the petitioner from the service had arisen while in service and there is no evidence to show that he had been involved with any disability prior to his joining the Army service. The husband of the petitioner is thus entitled to disability pension as the disability that led to his discharge had arisen during his service and as such the same was attributable to Military Service. The act of respondents in rejecting the pension claim of the husband of petitioner and after his death special family pension to her was illegal and deserves to be quashed. 11. For the reasons aforementioned the writ petition stands allowed and the respondents are directed to grant the benefit of disability pension to the husband of the petitioner w.e.f. the date of discharge from military service i.e. December 5, 1960 and special family pension after his death i.e. March 2, 1979. 11. For the reasons aforementioned the writ petition stands allowed and the respondents are directed to grant the benefit of disability pension to the husband of the petitioner w.e.f. the date of discharge from military service i.e. December 5, 1960 and special family pension after his death i.e. March 2, 1979. Compliance of this order shall be ensured forthwith and finalised within four months of the production of certified copy of this order and the payment of arrears shall be made to the petitioner within next one month, failing which the petitioner shall be entitled to the interest on the arrears of disability pension @ 12% per annum with effect from December 5, 1960. There shall be no order as to costs.Writ petition Allowed. *******