JUDGMENT :

R. BANUMATHI, J.

Delay condoned.

2. This appeal is filed against the order dated 13.07.2011 in Original Application No.248 of 2011 and order dated 31.10.2012 in M.A.Nos.795 and 796 of 2012 passed by the Armed Forces Tribunal, Regional Bench, Chandigarh (for short ‘the tribunal’) whereby the tribunal allowed the application filed by the respondent observing that the respondent is entitled to get disability pension for 75% disability from the date of his invalidation.

3. Brief facts which led to the filing of this appeal are as under:-On 25.02.1989, the respondent was enrolled in Indian Army from Branch Recruiting Office Palampur and after completion of his basic Military Training at Dogra Regiment, the respondent was posted to 12 Dogra on 05.01.1990. The respondent was granted thirty days annual leave from 14.05.2005 to 12.06.2005. However, during the leave period, on 19.05.2005 the respondent went from Himachal Pradesh to Jalandhar Cantt where his sister resides for making purchase of ornaments and clothes and articles for marriage of his younger brother. On the same day, on 19.05.2005 in Jalandhar at the house of his sister which was on second floor at about 8.00 p.m., w