(1.) The appellant was enrolled in the Indian Navy as Boy on September 3, 1965 after being found medically fit in the category Aye by the Military Medical Board. After training, he was made Sig Boy. He was promoted as 'Ordinary Signalman' w.e.f. 18.2.1967. While on duty with INS Ajay, the appellant was operated in 1972 for Osteoclastoma-Lower end of Femur (left). After the operation, he was permanently placed in category 'Bee' and was invalidated out of service on 17.3.1977 with 20% disability. The appellant's claim for grant of disability pension was rejected by the competent authority on the ground that the disability is neither attributable to nor aggravated by military service. Having failed to get favourable result on the appeals filed by him, the appellant filed Civil Writ Petition No. 950 of 1986 which has been disposed of by the learned Single Judge by the impugned order with the direction that the respondents will consider his case for grant of invalidity pension.
(2.) Aggrieved by the failure of the learned Single Judge to decide his claim for grant of disability pension, the petitioner-appellant has filed this appeal under Clause X of the Letters Patent.
(3.) Before we deal with the contention urged by the learned counsel, it is appropriate to mention that during the pendency of the appeal the appellant's claim for invalidity pension has also been rejected by the respondents vide communication dated 15.5.1989 which has been placed as Annexure P-10 along with CM No. 1092 of 1997.