JUDGMENT

Vipin Sanghi, CJ. - The present special appeal is directed against the judgment rendered by the learned Single Judge in Writ Petition (S/S) No. 123 of 2017 dated 06.01.2021. The learned Single Judge allowed the writ petition preferred by the respondent - writ-petitioner seeking a grant of disability pension to him, since the date of his discharge from his service from the Assam Rifles.

2. The respondent - writ-petitioner was inducted as a Rifleman in Assam Rifles on 23.08.1957. After he had rendered 06 years, 09 months and 22 days service with Assam Rifles, he was discharged on the ground of invalidity on 15.05.1964. At this stage itself, we may notice that in the counter affidavit filed by the appellant in the writ proceedings, they have produced the Brief-Sheet of Destroyed Service Records by a Board as per order No.l.36031/8/89/Records (Coord)/85 Dated 15 June 1989 wherein, the cause of discharge is recorded as 'invalid out'.

3. The petitioner also filed along with the writ petition the document with regard to his discharge, wherein the reason for discharge is recorded as 'on medical ground'.

4. The respondent - writ-petitioner sought disability pension, which was rejected