1. Appointed in Indian Army on 16.11.1985 and discharged therefrom on 18.2.1989 on the ground of certified disability, the petitioner claims that he was entitled to disability pension in terms of rules governing army service, which have been denied to him despite demands and hence this petition for issuance of certiorari to quash original and appellate orders of rejection of his claim to disability pension; and mandamus directing respondents to grant disability pension in his favour, as aforesaid. Grounds pleaded are that at the time of his recruitment into military service he was physically fit, and found so by the concerned medical team, but during his service he was overburdened with work, which, as a disciplined soldier, he never shirked, due to which he suffered the disability due to which he was shown out despite the fact that the same was suffered during military service, in lieu whereof, he was entitled to disability pension in terms of rules governing the matter, which was denied despite his request and appeal to the contrary and that too without application of mind by the concerned authorities. 2. In their reply filed through memo of objections, the respondents have, besides pleading laches on petitioners part in filing writ petition, also pleaded that even though at the time of his induction in Army the petitioner was subjected to medical examination, but the said examination was not elaborate enough to detect petitioners disease of neurosis (hysterical reaction) and it was only after completion of his training that he was hospitalized in Army Hospital Gwalior with complaint of fits occurring after intervals. On questioning by concerned medical officer, he reportedly revealed that he was suffering from fits and hallucinations prior to his induction in Army also, during which he got drowsy and suffered giddiness and diminishing vision and "saw a Sain Baba" approaching him etc., due to which he was ultimately referred to Neuro Physician, Command Hospital at Lucknow, where he was diagnosed as a patient of neurosis and because of his persistent neurotic symptoms refractory to treatment, he was considered unfit for continuation in military service, because disablement suffered by him was to the extent of 20% not attributable to military service, and was discharged after having been certified as unfit by a duly constituted invalidating medical team, before whom he was brought for examination. It has also been pleaded that petitioners disability being a constitutional disorder not related to military service, his claim for disability pension was rejected, against which he filed an appeal on 27.10.1989, which too did not find favour with the competent authority on the ground that there was no evidence of service factors contributing to petitioners disablement due to neurosis, as aforesaid, or its aggravation due to military service and he was ultimately discharged and the invalidated gratuity of Rs.3528/- remitted to him. 3. During course of arguments the counsel appearing for rival sides have reiterated and further elucidated their respective pleadings with specific references to annexures and also quoted certain judgments to substantiate their submissions, which, if necessary, would be discussed in due course. 4. I have heard learned counsel and considered the matter. The factum of petitioners recruitment in Army and the circumstances attending his discharge is not disputed, nor for that matter the fact that at the time of initial recruitment the concerned checking team did not detect any medical infirmity whatsoever in petitioner. This too is not disputed that whatever problems and consequent disability were attributed to petitioner as a reason for his discharge on medical grounds, surfaced only after his recruitment and initial training. That the disablement pension was refused to petitioner at the original as also appellate level by all competent authorities is a matter of record and the circumstance that as a matter of fact petitioner was, during service, found to suffer from hallucination, giddiness, loss of vision and other symptoms of neurosis, stands established. The only question surviving for determination thus is, whether in circumstances of the case petitioners medical unfitness and consequent disablement is attributable to military service or not and on answer of that question hinges the fate of whole case. 5. Before proceeding ahead, it would be appropriate to notice that under rules/regulations governing the matter, the disability pension can be granted to an individual invalidated from service on account of disability attributable to or aggravated by military service which is not less that 20%, and for the disability to be accepted as having been caused due to military service, the same has to be attributable thereto or aggravated thereby etc., and that it was so, has to be shown by establishing a causal connection with alleged disablement and the military service. Instantly, the petitioner, as alleged was found fit at the entry-point, when examined medically, and suffered the sudden ailment because of military service. But, the same has been found by the competent medical board to have been there before his joining the Army which could simply not have been detected due to the complicated nature of the disease, during the ordinary clinical test, usually conducted on the entry-point. The opinion of the Medical Boards constituted in the matter, who nave examined the petitioner and found him to be suffering from mental ailments cannot be easily ignored, particularly, because, there is no material, whatsoever, available on record to suggest the contrary, and the Court cant substitute the unrebutted medical opinion by any other opinion whatsoever, That petitioner ailment was too complex to be determined by the initial tests is shown by the fact that even the detailed investigations conducted by Medical board could not reveal any physical disability/disease in the petitioner, on detailed examination only he was found to suffer from delusions and hallucinations coupled with occasional giddiness and other psychological complications. As per opinion of medical board, the petitioner had a lurking suspicion in his mind that he was administered something by one of his relations, which kept him occupied and affected his personality in such a way as rendered him quite immature in reasoning and thinking. That being so, the petitioner appears to have been suffering from the constitutional disease as diagnosed by the Medical board, even before his joining the army which does not appear to be attributable to military service, as it does not appear to have a causal connection there with, and had nothing to do with the stress and strain of the service. 6. In that view of the matter, I dont find any force in the petition instituted after long years without any explanation for the latches, and accordingly it is dismissed along with CMPs.