(1.) THIS appeal under Rule 5 Chapter VIII of the High Court Rules has been filed against the judgment and order dated 14 -07 -2006 passed by the learned Single Judge of this Court in Writ Petition No. 1469/2004 (S/S) Ex. Hav. Kishan Singh v. Union of India and Ors. whereby the learned Single Judge has allowed the petition.
(2.) A Writ Petition bearing No. 1469/2004 (S/S) was filed before the learned Single Judge by the Petitioner Ex. Hav. Kishan Singh for the following reliefs:
(3.) THE counter affidavit was filed by the Senior Treasury Officer (Respondent No. 4) against the writ petition stating therein that the Petitioner has taken his pension upto the month of November, 2004. After his conviction, the pension of the Petitioner was stopped by the department. It was further alleged that the Petitioner is not entitled to get pension till the acquittal is made in the appeal. Other Respondents had not filed the counter affidavit.