ORDER 1. Leave granted. 2. Appellant 1 is the widow of one Shri S.R. Mehta, who, in terms of the examination by the Medical Board, was invalidated out of service on account of disability. The disability was attributable to his military service. This was on 17-6-1953. After being so discharged, Mr Mehta claimed disability pension. That was rejected on the ground that disability was neither attributable to nor aggravated by military service. An appeal was preferred against the said order dated 18-3-1954. During his lifetime Mr Mehta had been repeatedly pursuing the matter for grant of disability pension. His attempt did not succeed and he ultimately died on 29-9-1982. After his death on 4-6-1983 an intimation was sent for re-examination by the Medical Board. That was after a period of 30 years, though, as per the decision taken in 1953 he was to be examined after one year Le. in 1954. This question, however, need not be gone into any further since on a writ petition filed by the deceaseds wife and children, a learned Single Judge directed that he was entitled to disability pension and consequently his family was entitled to special family pension. The learned Single Judge, in view of long lapse of 30 years during which no relief was given to the deceased and intimation about the re-examination by the Medical Board came after about one year after his demise, awarded a lump sum payment of Rs 3,00,000 (Rupees three lakhs only) as compensation in favour of his wife besides the amount on account of disability pension and special family pension with interest at the rate of 18%. The decision of learned Single Judge was challenged by the Government by preferring an intra-court appeal in the High Court. Insofar as the grant of disability pension is concerned, the learned Division Bench held that the matter had been elaborately discussed from various aspects, the statutory provision for grant of disability pension was critically analysed and no case had been made out to take a view different from that of learned Single Judge. Thus, the grant of disability pension and special family pension with interest at the rate of 18% by learned Single Judge was upheld in appeal as well. That part of the order has attained finality. 3. Insofar as the grant of lump sum compensation of Rs 3 lakhs. Thus, the grant of disability pension and special family pension with interest at the rate of 18% by learned Single Judge was upheld in appeal as well. That part of the order has attained finality. 3. Insofar as the grant of lump sum compensation of Rs 3 lakhs. is concerned, the learned Division Bench, by the impugned judgment, set aside that direction holding that the grant of compensation is virtually penalising the Government for their error in not taking a legally correct decision. The . Bench has further held that there is no violation of any fundamental right and, therefore, the learned Single Judge was not correct in law to award compensation in this case. 4. We are unable to sustain the view of the learned Division Bench. We need not go into the question whether there was violation of fundamentat right or not in the present case. Suffice it to say that a person who had served the army, had been knocking the doors of the authorities for nearly three decades during his lifetime without grant of any relief and was unable to obtain direction for re-examination by a Medical Board which was required to be done within one year of his being invalidated out of military service. Instead of so doing in the year 1954, a decision for the review by the Medical Board was intimated as late as in the year 1983, namely, a year after hit death. Under these circumstances, there was no ground to reverse in appeal the direction for payment of compensation. 5. For the aforesaid reasons, we set aside the impugned judgment to extent it reverses the direction of learned Single Judge granting compensatioil of Rs 3 lakhs in favour of the widow of Mr Mehta i.e. Appellant 1 in . appeal and restore the order of learned Single Judge. The appeal .. accordingly allowed. The respondents are directed to pay to the 1st appell , the amount of Rs 3 lakhs within a period of four weeks, failing which amount of compensation will also carry interest from today at the same at which it has been awarded in respect of disability pension and spec family pension. Appellant 1 shall also be entitled to costs quantified Rs 10,000.