UNION OF INDIA Vs. SHYAM LAL MALHOTRA

JUDGEMENT

(1.) This appeal is directed against the judgement, dated 16th September, 1993, passed by a learned Single Judge of this Court in C.W.P. No. 3025 of 1990, whereby the learned Single Judge directed the appellant to give forthwith the disability pension to the respondent (who was the writ petitioner in the writ petition) to the extent he deserved under the rules with interest at the rate of 12% per annum.

(2.) Mr. Pipat, learned Senior Standing Counsel appearing on behalf of the appellants, submitted that the learned Single Judge had lost sight of the fact that the writ petitioner had not developed the disability on account of his military service as the existence of 'Sensory Neural Deaftness' bilateral being a constitutional disease could not be attributable to military service.

(3.) The entitlement of disability pension is governed by the provisions of Pension Regulation 173, which read as under :-