- (1.) HEARD Dr. Ashok Nigam, learned Additional Solicitor General of India appears for the appellant and Mr. B. N. Rai, learned Counsel appears for the respondent.
(2.) THE appeal is admitted. By consent of both the parties, the appeal is taken up forthwith for hearing. The appeal seeks to challenge the order dated 31-1-2007, whereby the learned Single Judge has allowed the writ petition filed by the respondent. The respondent joined in the Bombay Engineering Group as a Sepoy sometimes in October, 1967. While on duty he was playing Kabaddi and he suffered from leg injury. He was admitted in the Military Hospital. Initially, the injury was assessed as relating to 20% disability. That was on 8-2-1969. However, subsequently, on re-assessment by the Medical Board, the injury was found to be less than 20% and from November, 1972 onwards, the disability pension, which was given to the respondent was discontinued.
(3.) THE respondent waited all the thirty years peacefully to file the writ petition in the year 2003 to claim invalidating pension. He has sought that pension from January, 1973 and has sought to challenge the Government letter dated 1-1-1973. The learned Judge has allowed that writ petition for the reason that no justifying documents were annexed to the counter- affidavit of the Government. He has, therefore, directed that the respondent is entitled to disability pension at that rate and 10% interest to be calculated from December, 1972. It is this order, which is under challenge.;