SINGH, CJ. - (1.) SINCE, the point involved in the matter is short one, we proceed to dispose of the same with the consent of the parties today itself.
(2.) THE appellant was enroled in the Army on 13. 11. 1967. At the time of his enrolment he was placed in medical category A. While in service he fell ill. As a consequence of his illness, he was boarded out of the Army on 19. 10. 1968 with medical category E. THE Medical Board, which was convened before the appellant was boarded out of service, assessed his disability at 100%. After being boarded out, the appellant filed a representation to the concerned authority for grant of disability pension. The representation however, was rejected. The appellant being aggrieved by the rejection of his demand for disability pension, filed a writ petition before this Court. The learned Single Judge, vide order dated 27. 11. 2002 allowed the writ petition and directed the respondents to grant the benefit of disability pension to the appellant w. e. f. 22. 10. 1998, the date of filing of the writ petition. The appellant being aggrieved by the fact that the learned Single Judge, allowed the disability pension w. e. f. the date of filing of the writ petition and not from the date he was boarded out from service, filed the instant appeal.
(3.) WE have heard the learned counsel for the parties. We are of the view, that the appellant ought to have been granted disability pension from the date, he was boarded out from service i. e. from 20. 10. 1968. Learned counsel for the respondents submitted that the appellant is not entitled to the grant of disability pension w. e. f. 20. 10. 1968 in as much as there was delay in filing the writ petition. At the most, he can be paid disability pension from the date of filing of the writ petition. Learned counsel will like us to restrict the payment of disability pension by application of limitation prescribed for filing a civil suit. ;