- (1.) By way of this Letters Patent Appeal, the Union of India impugns the judgment of the learned Single Judge, dated 26.4.2002, granting disability pension to the respondent.
(2.) The respondent was enrolled in the Indian Army on 4.1.1983, after being found fit in all respects. In the year 1996, the respondent reported sick and was admitted to Military Hospital, where he was diagnosed with Diabetes Mellitus (DHA Failure)-250. He was placed in medical category EEE and was eventually discharged from military service on 28.7.1998. At the time of his discharge, his disability was assessed at 20%. His request for disability pension was turned down on the ground that his disorder was constitutional in nature, unrelated to the service and neither attributable nor aggravated by military service. The rejection was communicated to the respondent, vide letter, dated 16.4.1999.
(3.) The respondent filed an appeal, which was dismissed on 7.11.2000, and led to the filing of a civil writ petition. The learned Single Judge, vide the impugned judgment, allowed the writ petition and set aside the orders, rejecting the request for disability pension to the respondent. A direction was issued to the appellants to release disability pension to the respondent with effect from the date, he was invalided out of service.;