M.M. Kumar, J. - (1.) THE instant appeal under Class X of the Letters Patent is directed against the order dated 13.10.2009 rendered by the learned Single Judge holding that the writ Petitioner -Respondent is entitled to the grant of disability pension on account of disease of Open angle Glaucoma suffered by him during military service. The writ Petitioner -Respondent was down graded to C.E.E. with effect from 1.9.1984 and he was eventually discharged on 26.6.1985. The claim for disability pension was rejected on 16.8.1985. The learned Single Judge has placed reliance on a Division Bench judgment of Himachal Pradesh High Court rendered in the case of Birbal V. Union of India, 2006(3) SCT 319 and also on a Division Bench judgment of this Court rendered in the case of A.J.S. Chaudhary V. Union of India and Ors., 1999(1) RSJ 778 to hold that once the disease has developed at the time of entry into service, the enrolled officer does not suffer from any such disease before joining then the presumption of suffering disease during military service has to be raised.
(2.) HAVING heard the learned Counsel, keeping in view the facts of the case and the findings recorded by the learned Single Judge, we are not inclined to admit the appeal. We find no legal infirmity warranting the interference of the view taken by the learned Single Judge. Accordingly, the appeal fails and the same is dismissed. In view of the fact that the appeal has been dismissed on merit, we do not wish to pass any order on the application seeking condonation of delay in filing of the appeal.;