JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner herein-Union of India, prays for the setting aside of the order dated 11.02.2022 (Annexure P-1), as passed by the learned Armed Forces Tribunal concerned, wherebys the claim of respondent No. 1 for the grant of disability pension was allowed.

Factual Background

2. The respondent no. 1 joined Army on 24.11.1962 in a fit state of health. He was discharged from service on 04.10.1980. Thereafter, he was re-enrolled in DSC service w.e.f. 03.01.1983. During the course of his service, he incurred disability of 'HYPERMETROPIA AMBLYOPIA RT EYE OLD'. On attaining superannuation in DSC, he was discharged on 30.11.1997 after serving for a period of 14 years 11 months and 02 days. At the time of his release, his disability was assessed @ 30% for life.

3. The disability element claim of the respondent was rejected by the Competent Authority vide letter dated 13.06.1998, thus on the ground that the supra disability was neither attributable to nor being aggravated by rendition of military service.

4. Feeling aggrieved, respondent No. 1 preferred appeal against the rejection letter, the same was rejected by the Competent Authority Vide letter dated 30.08.2018 . Thereafter, respondent No.1 filed O.A., before the learned Armed Forces Tribunal concerned, wherebys he cast a challenge to the afore said rejection order. The said O.A., became allowed vide order dated 11.02.2022. The operative part of the said order is extracted hereinafter.

"For all the reasons, hereinabove, the application succeeds and the same is accordingly allowed. The orders under challenge are accordingly quashed and set aside. The application subject to verification is held entitled to disability pension w.e.f. 01.12.1997 @50% as against 30% for life on being rounded off as per the ratio of the judgment of the Supreme Court in Civil Appeal 418/2012 Union of India Vs Ram Avtar decided on 10-12-2014. The arrears, which shall remain restricted to three years preceding the institution of this application i.e. 29.01.2021, are directed to be released in favour of the applicant within a period of three months from the receipt of a certified copy of this order by the learned senior panel counsel/OIC Legal Cell, failing which together with interest @8% from the date of this order."

5. Feeling aggrieved from the aforesaid order as passed upon the O.A. (supra), by the learned Armed Forces Tribunal concerned, the petitioner-Union of India has filed thereagainst the instant writ petition before this Court.

Inferences of this Court.

6. Before proceeding to make an effective adjudication upon the present writ petition, a useful assistance for determining whether the befallment of any disease vis-a-vis any member of the defence personnel, but post his being enrolled in the army, despite at the initial stage, upon his becoming enlisted, as a member of the combatant defence establishment, rather the same remaining undetected, yet the apposite eruption, thus post enlistment hence being construable to be either congenital or being construable to become aggravated or being attributable to military service, thus is acquired, from, the principles set forth in the judgment rendered by the Hon'ble Apex Court, in case titled as Dharamvir Singh Vs. Union of India, reported in (2013) 7 SCC 316. The relevant paragraphs of the said verdict are extracted hereinafter.

29. A conjoint reading of various provisions, reproduced above, makes it clear that:

(i) Disability pension to be granted to an individual who is invalidated from service on account of a disability which is attributable to or aggravated by military service in non-battle casualty and is assessed at 20% or over. The question whether a disability is attributable or aggravated by military service to be determined under "Entitlement Rules for Casualty Pensionary Awards, 1982" of Appendix-II (Regulation 173).

(ii) A member is to be presumed in sound physical and mental condition upo