CONTROLLER OF DEFENCE ACCOUNTS Vs. SADANANDAN

JUDGEMENT

(1.) W. A. 1784/1997 is filed by the Controller of Defence Accounts (Pension) and others against the judgment in O. P. No. 11597/1994 on the file of this Court. The petitioner in the Original Petition, i.e., the respondent herein, applied for disability pension, which was rejected by the 2nd appellant as per Ext. P3. The appeal filed before the third appellant was also rejected. The prayer in the Original Petition was for a mandamus directing the appellants to sanction disability pension to the respondent writ petitioner and to quash Exts. P3 and P8 orders.

(2.) The appellants, as respondents in the Original Petition, contended that the disability was not attributable to or aggravated by military service. The respondent writ petitioner averred that the Medical Board held that the disabilities of the respondent are not related with service duties of the respondent. It is the case of the Department that the army life of the respondent was not a reason for the mental strain caused to him. Therefore, the appellants prayed for the dismissal of the Writ Petition.

(3.) The learned Single Judge by judgment dated 14.3.97 directed the appellants to pass orders sanctioning disability pension to the respondent and disburse the same within a specified time. The learned Judge had also quashed Exts. P3 and P8. Being aggrieved by the above judgment, the respondents in the Writ Petition have preferred the above appeal.