UNION OF INDIA AND ORS. Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 26.08.2013 passed by the Writ Court in SWP No. 786/2006 filed by the respondent herein, whereby the learned Single Judge while allowing the writ petition directed the appellant-Union of India to work out and release the disability pension in favour of respondent-Sukhdev Singh. The facts in brief are that the writ petitioner-Sukhdev Singh was recruited in the Army as a Sepoy in the year 1978. Thereafter, with the passage of time he earned promotions as Lance Naik in the year 1988, Naik in the year 1991, Havildar in the year 1997 and finally came to be promoted as Naib Subedar (JCO) in the year 2003 when he was posted at Machhail Sector in Jammu & Kashmir. During his posting at Machhail Sector he was found to be suffering from Cataract Left Eye by 167, Military Hospital. Thereafter he was examined by the Medical Board and his disability was assessed at 30%. Since the disability of writ petitioner was assessed at 30%, he was discharged from Army in the year 2005. Writ petitioner represented the respondents for release of disability pension under Regulation 173 of Pension Regulations for the Army, 1961. However, the claim of writ petitioner was rejected by the Officer Incharge, PCDA(P), Allahabad vide order dated 30.09.2005, impugned before the Writ Court on the ground that the disease of writ petitioner was neither attributable to nor aggravated by military service. Feeling aggrieved, the writ petitioner filed SWP No. 786/2006 before the Writ Court seeking quashment of impugned order dated 30.09.2005 and directing the writ respondents to release disability pension in his favour.

(2.) Learned Writ Court vide judgment/order dated 26.08.2013 set aside the order dated 30.09.2005 and directed the respondents to work out and release the disability pension in favour of petitioner. Hence the Union of India has challenged the order of Writ Court by the medium of present Letters Patent Appeal.

(3.) Heard learned counsel appearing for the parties and perused the writ record.