UNION OF INDIA Vs. SITA DEVI

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment of learned Single Judge rendered in C.W.P. No. 283 of 1996 dated 28.4.2003.

(2.) BRIEF facts necessary for the adjudication of this Letters Patent Appeal are that Sh. Sant Ram, original respondent was enrolled in the Army on 7.12.1982. The original respondent was invalidated out from the service in Low Medical Category EEE (Permanent). His disability was assessed 20% for five years by the Invalidating Medical Board. The claim of original respodnent for disability pension was rejected by the Chief Controller of Defence Accounts (Pension), Allahabad on 20.7.1992. It was rejected on the ground that the disability was not attributable to or aggravated by the military service. The original respondent was advised to file an appeal. He preferred an appeal which was sent to the Government of India, Ministry of Defence. The same was rejected by the Government of India on 12.12.1994. The original respondent preferred CWP No. 283 of 1996 seeking direction to the Union of India to pay him the disability pension. The same was allowed by the learned Single Judge on 28.4.2003.

(3.) MR . Ashwani Kumar Sharma appearing on behalf of the respondents has supported the judgment.