JUDGMENT Arun Kumar Goel, J. (Oral) :- Heard learned Counsel. 2. Admitted facts of this case are, that the petitioner joined Indian Army on 30th August, 1977. He served in the Army. Finally on 9th January, 1994 he was invalidated on medical grounds. As according to the respondents, petitioner was then suffering from "Affective Psychosis Major Depression 296". Disability was found at 40%.which admittedly continues even till date. 3. It was also not disputed on behalf of the parties that in addition to the ordinary pension, if a person is invalidated on medical grounds, then under Rule 173 of the Army Pension Regulations, 1961 Part-I, such a person is entitled to the grant of pension. For ready reference Para-173 of Pension Regulation for the Army 1961 Part-I is extracted below :- "Para 173 from Pension Regulation for the Army 1961 Part-I Primary condition for the grant of disability pension unless otherwise specifically provided, a disability pension may be granted to an individual who is invalid from service on account of disability which is attributable to or aggravated by military service and is assessed at 20% or over. The question whether a disability is "attributable to or aggravated by military service shall be determined under the rules in Appendix II." 4. A perusal of this para clearly suggests that only requirement to claim pension there under is that the person has to be invalided from service on account of disability which is attributable to or aggravated by military service and such disability is found to 20% or above. 5. Another prayer made in the writ petition by the petitioner also needs to be noted here. According to him he was discharged when he was adoring the rank of Naik on 9th January, 1994. This fact is clear from Annexure P-1. Instead of being paid the pension of Naik, he is being paid the pension of Sepoy. Thus, he has prayed for directing the respondents to allow him the pension admissible to a person holding the rank of Naik from the date of his discharge till date with a further direction to continue paying the same in accordance with law together with interest. 6. Admittedly, the petitioner had joined Army service as for as back on 30th August 1977. 6. Admittedly, the petitioner had joined Army service as for as back on 30th August 1977. He continued to serve till he was invalidated and discharged on 9th January, 1994, In this behalf, it may be appropriate to observe that it is not the stand of the respondents in their reply that when he joined the service, he was suffering from the aforesaid disease. They have rightly and justifiably not- taken this stand. Reason being that in case he was suffering from such a disease at that point of time he would not have been recruited in the army. 7. In addition to this, fact remains that he has served for slightly less than 17 years in the Indian Army. He must have been posted at different places during his service tenure. In this behalf it can safely be assumed that petitioner was not kept at one station throughout his tenure. In these circumstances that falls from this is that petitioner was physically fit without suffering from any disease when he joined the Army service in the year 1977. In these circumstances it can safely be held, as well as deduced that the aforesaid "Affective Psychosis Major Depression 296", was suffered by him while in service and can thus be attributed to the Military Service within the meaning of para-173 extracted hereinabove. Once this conclusion is arrived at, coupled with the admitted fact with the extent of disability continues even today to be 40% even till date, there is no legitimate ground for the respondents to withhold the grant of disability pension to the petitioner and ft is ordered accordingly. 8. So far as the claim made by the petitioner for release of pension of Naik is concerned, this matter is not being gone into in these proceedings. Petitioner will be free, if so advised to represent to the authority concerned for the grant of such pension by or before 31st August, 2003. In case such representation is made by the petitioner, same shall be examined by the competent authority in accordance with the provisions of Army Act, rules and regulations, framed thereunder as well as instructions, Army orders and all other relevant guidelines issued by the Ministry of Defence, Government of India in that behalf. Such authority shall then disposed the representation by or before 31st December, 2003 by reasoned and speaking order. Such authority shall then disposed the representation by or before 31st December, 2003 by reasoned and speaking order. This order shall be communicated to the petitioner so that he is in a position to take such legal action as may be permissible in law if so advised. 9. Subject to the aforesaid directions regarding claim of the petitioner for pension to the rank of Naik; this writ petition is partly allowed with a direction to the respondents to allow disability pension as per paragraph-173 of Pension Regulations for the Army, 1961, Part-I by or before 30th September, 2003 from the date of his release i.e. 9th of January, 1994 upto date and to continue paying him monthly disability pension admissible as per rules w.e.f. 1st October, 2003 onwards every month. It is made clear that directions regarding time frame is pre-emptory and if needful is not done by or before the date fixed by this Court or unless the time is extended that too before the date fixed, petitioner shall also be entitled to interest on the arrears of pension at the rate of 9% per annum from the date of his release, i.e. 9.1.1994 till the pension is released. 10. Costs on the parties. Registry is directed to supply an urgent copy of this judgment to the learned Counsel for the parties, by 1st of July, 2003. -