(1.) This Letters Patent Appeal by the Union of India is directed against the judgment dated 18.7.2007 passed by a learned Single Judge of this Court whereby he allowed the writ petition filed by the writ petitioner and directed the appellants to pay disability pension to the petitioner.
(2.) The undisputed facts are that the petitioner was enrolled in the Indian Army on 28th December, 1974. He was down graded to low medical category CEE (Temp) for 3/12 years w.e.f. 27th January, 1991 due to disease Thoracic Outlet Syndrome (Right) . Even after review he was continued in low medical category and finally placed in medical category BEE (Permanent). He was however promoted to the rank of Naib Subedar w.e.f. 21st November, 1995 and on attaining the age of superannuation he was discharged from service after rendering 26 years and four days of service in the Army. He was granted service pension and all other retiral benefits but his claim for disability pension was disallowed. Thereafter, he filed the writ petition. The learned Single Judge held that the petitioner had contracted the disease Thoracic Outlet Syndrome (Right) while serving in the Army and this disease is directly attributable to and aggravated by conditions of service and therefore the petitioner was held entitled to the benefit of disability pension.
(3.) It appears that it was not pointed out to the learned Single Judge that in fact the writ petitioner had not been invalided out of service and had retired from service on attaining the age of superannuation.