H.L.GOKHALE, ASHOK BHUSHAN, J. - (1.) HEARD Dr. Ashok Nigam, learned Additional Solicitor General of India appears for the appellants 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.
(3.) 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 Sappy 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.;