5 of 2002 whereby the Division Bench of the High Court dismissed their appeal in limine.
Learned Single Judge of the High Court, by order dated 20.07.2001, allowed the writ petition by holding that the respondent herein is entitled for disability pension under Regulation 179 of the Pension Regulations for the Army, 1961 hereinafter referred to as the Regulations .
Against the rejection of disability pension claim, the respondent preferred a writ petition being C.W.P. No.
After he joined the duty, he was kept under observation by the Medical Board and his disability was assessed as 60 for two years.
In the year 1987, when he was on annual leave to his native place, he met with an accident on 26.03.1987 and sustained severe injuries and was admitted in the hospital from 26.03.1987 to 20.01.1989.
The Division Bench, by impugned judgment dated 04.01.2002, dismissed the appeal in limine.
The Medical Board also opined that the disability was neither attributable to number aggravated by the military service.
In the writ petition filed by him, the High Court of Himachal Pradesh directed the authorities to pay him disability pension.
On the basis of the opinion of the Medical Board, he was discharged from service as an invalidated man on 31.05.1981.
The respondent was superannuated from service w.e.f.
01.07.1998 and he was granted numbermal service pension.
The representation was rejected by the authorities.
14290 of 1999 before the High Court of Punjab and Haryana.
Aggrieved by the said judgment, the appellants preferred this appeal by way of special leave petition before this Court.
This was challenged by the Union of India before this Court by way of appeal by special leave.
5 of 2002 before the Division Bench of the High Court.
He made a representation before the authorities claiming disability pension on the ground that he was having disability on the date of retirement.
Subsequently, he was admitted in Military Hospital, Dehradun and after treatment was placed in medical category BEE Permanent and percentage of disability was ascertained as 20.
Heard Mr. R. Balasubramaniam, learned companynsel for the appellant Union of India and Mr. Jujhar Singh respondent, who appeared in person.
Sathasivam, J. This appeal by Union of India is directed against the final judgment and order dated 04.01.2002 passed by the High Court of Punjab and Haryana at Chandigarh in P.A. No.
Brief facts The respondent was enrolled in the Army on 27.06.1978.
Challenging the said order, the appellants herein preferred L.P.A. No.
