UNION OF INDIA Vs. EX SIGMN GURNAM SINGH

JUDGEMENT

(1.) THE instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 7.10.2009 which has been preferred by Union of India.

(2.) LEARNED Single Judge while accepting the opinion of the Invalidiating Medical Board in the Military Hospital, Delhi which has opined that the petitioner was suffering from 40% disability due to the disease Macular Choroiditid RT Eye which eventually led to his discharge on 31.1.1976, has quashed the impugned order. The respondent-petitioner had rendered 07 years 143 days total service. His claim for disability pension was rejected vide order dated 8.7.1976 on the ground that disability was neither attributable to nor aggravated by military service. LEARNED Single Judge has also recorded the concession given by the counsel that the issue was covered by the judgment of this Court, rendered in the case of Ex.Sepy Surjit Singh v. Union of India and others (CWP No.13871 of 1994 decided on 9.1.1996).

(3.) THE view taken by the learned Single Judge is unexceptionable and moreover, it is based on the consent accorded by the learned counsel for the appellant. THEre is thus, no merit in the appeal and the same is accordingly dismissed.