- (1.) THE prayer for condonation of 9 days' delay has rightly not been put to contention by the learned counsel for the respondents.
(2.) THE application seeking condonation of delay is allowed and the delay in filing the appeal is condoned.
(3.) THE learned counsel for the parties submit ad idem that the other appeal involving akin issues has already been considered and dismissed by this Court, being SAW No. 1339/2011: Union of India and Ors. vs. Laxman Ram, decided on 03.03.2014. Hence, following the decision in SAW No. 1339/2011, this intra -court appeal is also required to be dismissed. In brief, the relevant aspects of the present matter could be noticed as follows: The writ -petitioner Babu Ram (since deceased and represented by his Legal Representatives - Respondents Nos. 1/1 to 1/8 herein) was enrolled with Indian Army on 28.07.1982. At the time of enrollment, he was found medically fit with his vision at 6/6. However, during field duties, he suffered with Optic Atrophy and Astrocytoma. He was subjected to surgical procedure but his condition deteriorated; and, after serving for 11 years, 5 months and 27 days, the writ -petitioner was invalided out from the military service on 24.01.1994 by placing him in "EEE" medical category with 100% disability element. The Chief Controller of Defence Account (Pension), Allahabad, however, held him not entitled for disability pension by treating the invaliding disability neither attributable nor aggravated by military service. The appeal preferred by the writ -petitioner against the decision aforesaid also came to be rejected in the month of February, 1996.;