JUDGMENT

P. Sathasivam, J.

1. 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 L.P.A. No. 5 of 2002 whereby the Division Bench of the High Court dismissed their appeal in limine.

2. Brief facts:

(a) The Respondent was enrolled in the Army on 27.06.1978. 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. 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%. After he joined the duty, he was kept under observation by the Medical Board and his disability was assessed as 60% for two years. The Medical Board also opined that the disability was neither attributable to nor aggravated by the military service.

(b) The Respondent was superannuated from service w.e.f. 01.07.1998 and he was granted normal service pension. He made a representation before the authorities claiming disability pension on the ground that he wa