LPA.No. 6/2008. 31.7.2008. Present: Mr.Sandeep Sharma, Assistant Solicitor General of India for the appellants. Mr.Bimal Gupta, Advocate for the Respondents. This appeal is directed against the judgment passed by the learned Single Judge dated 1st May, 2007 whereby a direction has been issued to the defence authorities to reconsider the case of the petitioner for disability pension in view of the letter dated 28th December, 1961. The facts of the case are that the petitioner by way of Writ Petition No. 1214 of 2002 approached this court after being aggrieved by the refusal of the disability pension. Learned Single Judge while considering the petition found that there is own admission of the Indian Army contained in Annexure: R-5. From the perusal of the same, it is crystal clear that the petitioner was injured while performing his official duties. This letter of the officer concerned has been produced before this Court by the appellant. The appellant could not explain. After considering the case on merit, the learned Single Judge has allowed the Writ petition. Hence, this appeal by the Union of India. In the light of the above discussion, we are of the considered opinion that the learned Single Judge has rightly allowed the petition and directed the respondents to reconsider the case of the petitioner for disability pension in the light of the contents of the letter contained in Annexure:R-5 dated 28th December, 1961. We do not find any ground to show any interference in the matter in question and accordingly direct the authorities concerned to carry out the direction issued by the learned Single Judge. With these observations, the appeal is dismissed, so also the pending application. (Jagdish Bhalla), C.J. (Sanjay Karol),J. July 31, 2008(R)