JUDGMENT

B.P. Singh, J.-This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana, Chandigarh dated 24th January, 2001 in LPA No. 216 of 2001 whereby the appellate Bench dismissed the appeal preferred by the appellants-Union of India and others upholding the claim of the respondent to disability pension under Regulation 53 of the Pension Regulations. Earlier a learned Single Judge of the High Court had allowed the writ petition of the respondent herein upholding his claim for disability pension under the aforesaid Regulation 53 as also under Rule 4 of the Entitlement Rules for Casualty Pensioners Awards, 1982 (hereinafter referred to as the Entitlement Rules ). The learned Judge accordingly directed the appellants to release the disability pension of the respondent according to Rules and Regulations.

2. The facts of the case are that the respondent was commissioned in the Indian Army in May, 1964. He served the Indian Army for many years and ultimately superannuated from service on 31st August, 1994 holding the rank of Lieutenant Colonel. The respondent suffered a heart attack on 11th August, 1994 and had to undergo a bye-pass s