JUDGMENT : Deepak Gupta, J. This Letters Patent Appeal by the Union of India is directed against the judgment dated 18.7.2007 passed by a learned Single Judge of this Court whereby he allowed the writ petition filed by the writ petitioner and directed the appellants to pay disability pension to the petitioner. The undisputed facts are that the petitioner was enrolled in the Indian Army on 28th December, 1974. He was down graded to low medical category "CEE (Temp)" for 3/12 years w.e.f. 27th January, 1991 due to disease "Thoracic Outlet Syndrome (Right)". Even after review he was continued in low medical category and finally placed in medical category BEE (Permanent). He was however promoted to the rank of Naib Subedar w.e.f. 21st November, 1995 and on attaining the age of superannuation he was discharged from service after rendering 26 years and four days of service in the Army. He was granted service pension and all other retiral benefits but his claim for disability pension was disallowed. Thereafter, he filed the writ petition. The learned Single Judge held that the petitioner had contracted the disease "Thoracic Outlet Syndrome (Right)" while serving in the Army and this disease is directly attributable to and aggravated by conditions of service and therefore the petitioner was held entitled to the benefit of disability pension. 2. It appears that it was not pointed out to the learned Single Judge that in fact the writ petitioner had not been invalided out of service and had retired from service on attaining the age of superannuation. 3. Regulations 173 and 173-A of the Pension Regulations for the Army read as follows: 173. Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a disability which is attributable to or aggravated by military service in non-battle casualty and is assessed at 20 per cement or over. The question whether a disability is attributable to or aggravated by military service shall be determined under the rule in Appendix II. The question whether a disability is attributable to or aggravated by military service shall be determined under the rule in Appendix II. 173-A. Individuals who are placed in a lower medical category (other than 'E') permanently and who are discharged because no alternative employment in their own trade/category suitable to their low medical category could be provided or who are unwilling to accept the alternative employment or who having retained in alternative appointment are discharged before completion of their engagement, shall be deemed to have been invalided from service for the purpose of the entitlement rules laid down in Appendix II to these Regulations. Note: The above provision shall also apply to individuals who are placed in a low medical category while on extended service and are discharged on that account before the completion of the period of their extension. 4. As per Regulation 173, disability pension is only payable to an individual who is invalided out of service on account of a disability. Regulation 173-A makes a departure from the general rule and according to this Regulation individuals who were placed under a lower medical category permanently and who were discharged because no alternative employment in their own trade/category suitable to their low medical category could be provided or who are unwilling to accept such alternative employment shall also be deemed to have been invalided from service. In fact the Regulation also provides that even those employees who have been given alternative employment but are discharged before the completion of their term of engagement shall be deemed to have been invalided out of service. 5. When we read these two Regulations together it is obvious that to be entitled to get disability pension the person has to be invalided out of service which means that he is discharged from service because of the fact that he is invalid or to put it in other words, disabled and therefore unable to perform his duties. No doubt, Section 173-A enlarges the scope and by deemed fiction a much wider meaning has been given to the word 'invalided'. One thing however is clear that the discharge should be on account of the disability or disease suffered by the person. 6. In the present case, the petitioner no doubt was placed in a low medical category. He also developed the medical problem during service. One thing however is clear that the discharge should be on account of the disability or disease suffered by the person. 6. In the present case, the petitioner no doubt was placed in a low medical category. He also developed the medical problem during service. Assuming for the sake of argument that the disease was aggravated by military service, the fact is that the petitioner was never discharged from service on this ground. In fact after he was placed in the low medical category he was promoted as Naib Subedar and was discharged from service on attaining the age of superannuation. His discharge has nothing to do with his disability and it cannot be said that he was invalided out of service. Therefore, he is not entitled to disability pension. In view of the above discussion, the appeal is allowed, the judgment of the learned Single Judge is set-aside and the writ petition is dismissed. No order as to costs.