1. This Letters Patent Appeal is directed against the order dated 05-08-2005 passed in SWP No. 2543/2002 whereby the respondent has been held entitled to disability pension and consequently respondents have been directed to release the same in his favour.

2. Facts which are not in dispute are that the respondent was enrolled in the Indian Army on 28th June, 1984 and after basic military training, he was posted at different places and stood transferred from Suratgarh to Jalandhar for temporary duty in the beginning of year 1991. While on temporary duty he became seriously ill and was admitted to Military Hospital, Jalandhar, where he remained admitted for one month and then referred to Army Hospital, Delhi. After receiving the medical treatment, the respondent was examined by the Medical Board and was placed in "CCC" (permanent) category, due to the disease `HORSE SHOE KIDNEY WITH SOLITARY RENAL CALCILUS (LT) with which he was declared to be suffering. On being placed in low medical category CEE (Temporary) and then CEE (Permanent) w.e.f. 6th Nov 1993 on account of HORSE SHOE KIDNEY WITH SOLITARY RENAL CALCILUS (LT) disease with 20% disability, the respondent was in