ORDER

Delay condoned.

Leave granted.

We have heard learned counsel on both sides.

2. The respondent was enrolled in the Army as Apprentice on March 30, 1975 and was appointed in the service on regular basis w.e.f. March 27, 1977 in the EME 177 Battalion. While he was in service he had sustained moderately severe injury Abductor Strain [R] Thigh internal Derangement [R] Knee on April 17, 1979 and was admitted to Military Hospital, Babina where he was downgraded to medical category CEE [temporary] w.e.f. August 11, 1979, by a duly constituted Medical Board of doctors. He was discharged from the Military Hospital, Babina on August 12, 1979. On May 10, 1981, the Medical Board of doctors found him physically incapacitated and reported in February 1980 in Psychiatric OPD where he was diagnosed to have a "Neurosis Superimposed on an immature histrionic persouabilty". He was recommended to be invalidated out of service. He was discharged from service by consent as an invalidated man on May 31, 1981. He filed W.P. No. 738 of 1995 in the High Court of Himachal Pradesh at Shimla and in the impugned judgment dated October 31, 1995, the High Court directed the appellants to pay him disability pens