JUDGMENT :

This appeal arises out of an order dated 10th May, 2010 passed by the Armed Forces Tribunal, Regional Bench, Lucknow whereby Transferred Application No. 191 of 2009 filed by the respondent has been allowed, orders passed by the appellants herein set aside and the respondent held entitled to claim disability pension to the extent of 20% with effect from the date of his discharge.

2. Respondent was serving as a Sepoy in the Indian Army's Air Defence Corps. Having served for nearly 17 years he was discharged from service on 1st July, 2004 upon completion of the tenure. It is not in dispute that service pension admissible to him has been released in his favour. Since, however, the respondent had suffered a disability while in service he appears to have claimed disability pension also which was declined by the appellants on the ground that the disability was neither attributable nor aggravated by military service. Aggrieved by the said refusal the respondent filed W.P. No. 3649 of 2008 before the High Court of Judicature at Allahabad, Lucknow Bench, which came to be transferred to the Armed Forces Tribunal, Regional Bench, Lucknow, after setting up of the said Tribunal under th