- (1.) The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 22.09.2009 rendered by the learned Single Judge holding that the issue raised in the writ petition filed by the writ petitioner-respondent was covered by the judgment of this Court rendered in the case of Ex. Hav. Kanwar Singh v. Union of India, 2002 3 SCT 798. Even otherwise, the learned Single Judge has held that the disease of Diabetes Mellitus (DHA Failure) 250 was attributable to military service and therefore, the petitioner was held entitled to the disability pension. Likewise, writ petitioner-respondent who was suffering from the disease of Insulin Dependency Diabetes Mellitus and he was invalided out of service being in Lowest Medical Category CEE (Permanent) with 40% disability.
(2.) Having heard learned counsel, we are of the considered view that firstly, no appeal would lie against a consent order. Secondly, even on merit, the case for grant of disability pension to the writ petitioner-respondent is made out. There is no legal infirmity warranting interference in the order passed by the learned Single Judge.
(3.) Consequently, the appeal fails and the same is dismissed.;