ORDER

1. Leave granted. The present appeal has been filed against the judgment and order dated 11.11.2009 passed by the High Court of Punjab & Haryana at Chandigarh in RSA No.599 of 2009 by which the High Court has reversed the judgment and order of the Trial Court as well as the First Appellate Court and granted the relief of disability pension to the respondent.

2. Facts and circumstances giving rise to this appeal are that the respondent was enrolled in the Infantry (Sikh Regiment) on 23.5.1987. He proceeded on annual leave on 31.3.1990 for a period of two months to his home town. During his leave period, the respondent suffered injuries being hit by a small wooden piece “Gulli” in the play of children and thus, his left eye was seriously damaged. He was admitted to Command Hospital, Chandimandir and remained there from 1.4.1990 to 25.4.1990. The respondent was operated upon twice and, subsequently, was discharged giving him sick leave from 26.4.1990 to 6.6.1990 and was placed in low medical category ‘BEE’ (permanent).

3. The investigation/enquiry was conducted by Army Authorities and the court of inquiry vide order dated 13.7.1990 came to the conclusion that injuries sustain