Judgment ( 1. ) BY this petition under Article 226 of the constitution, the petitioner has prayed that respondents be directed to pay him disability pension. ( 2. ) THE case of the petitioner is that he has served the indian Army as Hawaldar and while serving the army he sustained disability. According to the petitioner he is entitled for disability pension but his claim for the same has been illegally rejected by the respondents. ( 3. ) THE respondents in their return have stated that the petitioner had submitted his application dated 15. 9. 1992, Annexure R3, for pre-mature retirement on account of his family problems which was recommended for acceptance on 24. 9. 1992 vide Annexure P5. The application was ultimately accepted and the petitioner was discharged from service on 30. 11. 1993 at his own request. The respondents relying upon Regulation 178 of the Pension Regulations for the Army, 1961 (in short the regulation) have categorically stated in the return that since the petitioner was discharged from service at his own request he is not entitled for disability pension. The respondents have also stated that the disability of petitioner, if any, is not attributable to military service. ( 4. ) IN view of the above submissions, the question which calls for consideration is whether the petitioner is entitled for disability pension. ( 5. ) THE Regulation 178 reads as under : "178. An individual who is retired/discharged from service, otherwise than at his own request, with a pension or gratuity, but who within a period of seven years from the date of retirement/discharge, is found to be suffering from a disease which is accepted as attributable to his military service, may, at the discretion of the President, be granted, in addition to his pension/gratuity, a disability element at the rate appropriate to the accepted degree of disablement and the substantive rank last held, with effect from such date as may be decided upon in the circumstances of the case. " (emphasis supplied) ( 6. " (emphasis supplied) ( 6. ) A bare reading of Regulation 178 quoted above makes very clear that an individual who has retired/discharged from service otherwise than at his own request with a pension or gratuity and who within a period of seven years from the date of retirement/discharge is found to be suffering from disease which accepted as attributable to his military service alone is entitled for disability pension. In the present case the petitioner himself had applied for his retirement from service and was ultimately retired at his own request. He is, therefore, not entitled for the disability pension. I have deliberately not adverted into the issue as to whether the disability of petitioner was attributable to his military service because he retired at his own request and for this reason he has been held not entitled for disability pension. ( 7. ) THE petition has no merit and is accordingly dismissed. No order as to costs.