JUDGMENT

AMITAVA ROY, J.

1. Leave granted.

2. The instant appeals witness a challenge to the judgment and order dated 22nd May, 2012 rendered in LPA (SW) No. 157/2009 and CMA No. 211/2009 affirming the determination made in SWP No. 1439/2004 thereby sustaining the claim of the respondent herein to disability pension on being boarded out of the Army service on the ground of disabilities identified as "Generalised Tonic Clonic Seizure" and "Neurotic Depression".

3. The Union of India being aggrieved by the concurrent verdicts requiring it to grant disability pension to the respondent herein from the date of his discharge from service, seeks redress in the instant appeals.

4. We have heard the learned counsel for the parties and have perused the records.

5. The foundational facts as offered by the rival pleadings would provide the back-drop of the lingering debate. The respondent had joined the Army service under the Union of India on 06.4.1999 being awarded medical category of "AYE" and according to him after undergoing rigorous medical examinations as prescribed. He, thereafter, underwent initial military training at JAK Rifles Centre, Jabalpur where after he was posted at No. 5 JAK Rif