1 S.B. Civil Writ Pet. No.4544/97 Maj. Usman Azad IC 35000-Y Vs. The Union of India & Ors. Date of order : 08.04.2009 HON'BLE MR. GOVIND MATHUR, J. None present for the petitioner. Mr. Ravi Bhansali for the respondents. The petitioner became a member of Indian Army on being commissioned as second lieutenant in the year 1997. A promotion was accorded to him as captain in the year 1980. In the year 1988, he was assigned to work as Acting Major. While working as such, he received a head injury in the year 1985 and on account of that he remained indoor patient at military hospital for a period of five days. As per the petitioner, he suffered with epilepsy because of suffering head injury and that resulted into a permanent dis ability. The petitioner was accordingly discharged from military service on 21.9.1993 (afternoon) for medical grounds. Respondents allowed invalid pension to the petitioner from the date of his retirement. However, he claimed for dis ability element, the same was refused and, therefore, he agitated his cause up to the level of his excellency the President of India. The Under Secretary to the Government of 2 India, Ministry of Defence vide a letter dated 5.7.1996 informed regarding the president's decision to treat dis ability of the petitioner i.e. Post Traumatic Generalized Tonic Clonic Seizures at 60%. The petitioner, in view of dis ability as aforesaid was declared entitled for dis ability pension element with effect from 22.1.1993, because of non payment of dis ability element in addition to invalid pension from 22.9.1993 to 5.7.1996 and on wards, the petitioner preferred this writ petition for writ. As per the respondents, they have already released arrears of dis ability element in light of communication dated 5.7.1996 issued by the Under Secretary to the Government of India (Ministry of Defence). The responsibility for making payment of arrears is with the Punjab National Bank where from the petitioner is receiving pension. In view of the statement as above, the grievance of the petitioner does not survive. The issue regarding enhancement of dis ability from 60% to 100% cannot be examined by this court in its writ jurisdiction as the same is required to be settled by competent Medical Board in accordance with law. In view of the fact that dis ability element has already been 3 accorded to the petitioner from the date of his retirement, this writ petition has become infructuous and, therefore, the same is dismissed. The petitioner is having liberty to avail appropriate remedy regarding his cause for reassessment of dis ability, and also for other causes, if any exist. (GOVIND MATHUR), J. ns.