UNION OF INDIA Vs. P.O. MADHUSOODHANAN

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as the learned counsel for the respondent.

(2.) This writ appeal has been filed by the respondents in W.P.C.No.15049/2007 against the judgment dated 01/06/2009 of the learned Single Judge of this Court by which the writ petition filed by the petitioner Sri.Madhusoodhanan.P was allowed holding that the petitioner is entitled to disability pension as recommended in Ext.P3 proceedings of the Medical Board. Respondents in the writ petition, Union of India is before us in appeal against the said judgment.

(3.) The facts in this case would disclose that the writ petitioner entered in service on 02/09/1983. He made an application for discharge on compassionate grounds in July 1998. But the application was not considered, instead he was transferred to field area in Jammu and Kashmir on 31/03/2000. While he was working, he contracted a disease in his right eye. He was admitted in an Army hospital but the ailment could not be cured. He was again admitted in another hospital on 15/05/2000 from where he was discharged on 24/06/2000. The petitioner was examined by the Medical Board on 25/06/2000. The Medical Board, after examining the petitioner, made the following recommendations: