ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Under assail is the order dated 19.04.2022 passed in O.A.No.69 of 2021 on the file of the Armed Forces Tribunal, Regional Bench, Chennai.

2. The Union of India represented by the Secretary, Ministry of Defence is the writ petitioner before this Court.

3. The first respondent ex-service man instituted Original Application before the Armed Forces Tribunal (hereinafter referred as AFT) challenging the validity of the order dated 19.11.2020. The Tribunal allowed the disability claim of the first respondent relying on the Judgment of the Hon’ble Apex Court in Dharamvir Singh vs. Union of India and Others reported in (2013) 7 SCC316

4. The facts in nut shell not seriously disputed between the parties would reveal that the first respondent was enrolled in Indian Army on 29.11.1986 and discharged on 31.10.2004 after rendering 17 years 11 months and 2 days of qualifying service. The first respondent was granted service pension. The first respondent was re-enrolled in Defence Security Cops (herein after referred as DSC) on 30.10.2009 and released on 31.10.2019.

5. The first respondent claimed disability element of pension. Release Medical