Judgment :- Heard both sides. 2. The present writ petition has been filed seeking to challenge the order of the 1st respondent dated 27.01.2000 and 012. 2002 as well as the order of the 3rd respondent dated 03.04.1998 and for a consequential direction to grant the petitioner disability pension. The writ petition was admitted on 18.04.2005, but his prayer for interim direction was rejected by this Court. Pursuant to the notice from this Court the 3rd respondent has filed a counter affidavit dated 28.09.2005. 3. It is seen from the records that the petitioner was enrolled in the Indian Army with effect from 06.04.1988 and has served for a total period of 8 years and 8 months. While he was serving with the 603 ASC Battalion (AM), he was admitted to the Command Hospital (Western Command) at Chandimandir in two spells. In the first spell from 26.09.1995 to 110. 1995, he was admitted on the ground of low back ache. In the second spell from 112. 1995 to 04.04.1996, he was admitted for complaint of PIVDL – 4/5 (OPLD). 4. Once again the petitioner was admitted to the Command Hospital Air Force, Bangalore on 22.08.1996 by his family members for unprovoked physical aggression on his family members and neighbours. The senior Advisor Psychiatry diagnosed the ailment as a Schizophrenia. Therefore, he was considered to be unfit for further service in the Indian Army by the Release Medical Board and was recommended for invalidating out of service from the Army with effect 312. 1996 5. In terms of the Army Rule 13(3) read with Item III (iii) of the Army Rules 1954, it is stated that if a person is found medically unfit for further service, he can be discharged by the Commanding Officer but however, it has to be done only on the recommendation of the Invalidation Board. It was also stated by the Release Medical Board that the disease which he had suffered was neither attributable to nor aggravated by military service. It was a constitutional disease and not connected with the service. He was placed under the low medical category of EEE (Psy.) The Petitioners case for disability pension was forwarded to the higher authorities. 6. It was also stated by the Release Medical Board that the disease which he had suffered was neither attributable to nor aggravated by military service. It was a constitutional disease and not connected with the service. He was placed under the low medical category of EEE (Psy.) The Petitioners case for disability pension was forwarded to the higher authorities. 6. However, he was informed by an order dated 03.04.1998 that his disability pension claim was adjudicated by the CCDA(P) Allahabad in consultation with the medical advisor (Pension) attached to their office that his disability namely Schizophrenia was neither attributable to nor aggravated by military service is constitutional nature and not related to service. He was also informed that under the existing rules he was not eligible for any disability pension. He was also informed that he could file an appeal to the Government of India,(1st respondent) against that order. 7. The petitioner filed an appeal to the 1st respondent. The Government of India by its order dated 27.01.2000 rejected his appeal and informed the petitioner accordingly. The operative portion of the order reads as follows:- "The disability on account of which you were released from service is constitutional disorder. On perusal of your service/Medical documents, the Appellate Medical Authority has found that the ID is not connected with service. There is no history of CNS infection/Trauma. There is no close time relation with any service related stress to the onset of ID. In view of the fact that your disability has been regarded by the Medical Authorities as neither attributable nor aggravated by duties of military service, you are not entitled to disability pension under the Rule". 8. The petitioners second appeal to the Union of India was also rejected by an order dated 012. 2002. Rejection of his claim by these orders had prompted the petitioner to file the present writ petition. 9. The learned counsel for the petitioner submitted that the rejection of the petitioners claim was arbitrary and improper. He placed reliance upon the Judgement of the J.&K. High Court reported in 2001 (1) J&K Law Reporter 149 in Ex-Subedar Gurdass Singh vs. Union of India and others. But that case arose out of a disability caused due to an injury suffered when the petitioner in that case was travelling in a scooter which was hit by a tipper lorry. But that case arose out of a disability caused due to an injury suffered when the petitioner in that case was travelling in a scooter which was hit by a tipper lorry. The question arose in that case was whether the accident arose arising out of his employment and whether he was entitled for disability pension on account of the injury suffered by him. It was in that context the J&K High Court held that the injury was directly attributable to service