UNION OF INDIA Vs. ANIL KUMAR SINGH

JUDGEMENT

(1.) The instant appeal arises out of the judgment and order dated 12.4.2007 passed in Writ Petition No. 50 (SS) of 1999 : Anil Kumar Singh Vs. Union of India and others, whereby the learned Single Judge, while allowing the writ petition, quashed the order for refusing to grant disability certificate to the respondent dated 2.4.1998 and directed the appellants to award disability pension to the respondent from the date of discharge and further pay all arrears to the respondent.

(2.) Heard Mr. K.D. Nag, counsel for the appellants and Mr. R.K. Upadhyay, counsel for the respondent.

(3.) In short the facts of the case are that respondent-Anil Kumar Singh was enrolled in the Army on 17.1.1989. After completion of his basic military training from the Artillery Centre, Nasik Road Camp, the respondent was given posting at Punch field area. On completion of his field area posting, he was posted in the peace area located in State of Rajasthan, where he was declared medically unfit and was discharged from the Army on 15.10.1994. Thereafter, he was kept in hospital for a period of five months, where his medical category was down graded. Subsequently, respondent preferred a representation for grant of disability pension, which was rejected vide order dated 2.4.1998.