P. Sathasivam, J. - (1.) This appeal by Union of India is directed against the final judgment and order dated 04.01.2002 passed by the High Court of Punjab and Haryana at Chandigarh in L.P.A. No. 5 of 2002 whereby the Division Bench of the High Court dismissed their appeal in limine.
(2.) Brief facts: (a) The Respondent was enrolled in the Army on 27.06.1978. In the year 1987, when he was on annual leave to his native place, he met with an accident on 26.03.1987 and sustained severe injuries and was admitted in the hospital from 26.03.1987 to 20.01.1989. Subsequently, he was admitted in Military Hospital, Dehradun and after treatment was placed in medical category BEE (Permanent) and percentage of disability was ascertained as 20%. After he joined the duty, he was kept under observation by the Medical Board and his disability was assessed as 60% for two years. The Medical Board also opined that the disability was neither attributable to nor aggravated by the military service. (b) The Respondent was superannuated from service w.e.f. 01.07.1998 and he was granted normal service pension. He made a representation before the authorities claiming disability pension on the ground that he was having disability on the date of retirement. The representation was rejected by the authorities. (c) Against the rejection of disability pension claim, the Respondent preferred a writ petition being C.W.P. No. 14290 of 1999 before the High Court of Punjab and Haryana. Learned Single Judge of the High Court, by order dated 20.07.2001, allowed the writ petition by holding that the Respondent herein is entitled for disability pension under Regulation 179 of the Pension Regulations for the Army, 1961 (hereinafter referred to as "the Regulations"). (d) Challenging the said order, the Appellants herein preferred L.P.A. No. 5 of 2002 before the Division Bench of the High Court. The Division Bench, by impugned judgment dated 04.01.2002, dismissed the appeal in limine. Aggrieved by the said judgment, the Appellants preferred this appeal by way of special leave petition before this Court.
(3.) Heard Mr. R. Balasubramaniam, learned Counsel for the Appellant-Union of India and Mr. Jujhar Singh Respondent, who appeared in person.;