- (1.)The Armed Forces Appellate Tribunal has while allowing the petition filed by the respondent and setting aside an order declining disability pension to him, assessed the respondent's disability at 20%, held the same to be attributable and aggravated by military service and directed the appellant herein to calculate and release the benefits within a period of six months failing which the amount has been made payable with interest at the rate of 12% per annum.
(2.)Our attention is now drawn to the Review Medical Board held by the Authorities concerned and the report submitted by the Board, produced as Annexure R-3 to the Additional Affidavit filed by the respondent. From a perusal of the re-assessment/review proceedings of the Medical Board, it is evident that the respondent's disability on account of generalized seizure has been assessed at 20% and found to be attributable to military service. Learned counsel for the respondent submits that pursuant to the order passed by the Tribunal as also the findings recorded by the Board, the amount of disability pension due to the respondent has already been calculated and released in his favour on 7th Sept., 2012, thereby rendering this appeal infructuous. Mr. R. Balasubramanian, learned counsel appearing for the appellant-U.O.I., submits that in the light of the said subsequent development, this appeal has indeed become infructuous and may be dismissed. We order accordingly leaving the parties to bear their costs.