IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4370 of 2006 SATYENDRA KUMAR Versus UNION OF INDIA & ORS ----------- 7. 7.4.2010. Heard Mr. Hari Narayan Singh for the petitioner and Mr. Sarvadeo Singh, learned Central Government Counsel for the Union of India. The petitioner has assailed the action of the respondents in disallowing the grant of disability pension to him under the Pension Regulation for the Army, 1961 as contained in paragraph-173 of the Rules. The impugned order has been placed at Annexure-1 to the writ petition whereby the claim of the petitioner for disability pension has been rejected as being assessed at less than 20 per cent. The relevant provision has been brought on record by the respondents and has been placed at Annexure-R-1 and which specifically provided stipulations regarding the entitlement of any person for disability pension namely, (a) the disability should be attributable to military service, or (b) it should be aggravated by military service, and (c) the disability is assessed at more than 20 %. Indiputable position is that the 2 disability of the petitioner has been assessed at less than 20%. Thus, without going into the other contentions of the respective parties as to whether or not the disability was attributable to or was aggravated by military service, the claim of the petitioner cannot be entertained for the reasons that the disability was assessed at less than 20 %. In that view of the matter, there is no merit in this writ petition, it is dismissed. ahk (Jyoti Saran, J.)