(1.) This instant writ appeal is directed against the impugned judgment and order dated 28.10.2013 passed by the learned Single Judge in WP(C) No. 140 of 2012 whereby, the learned Single Judge has disposed of the writ petition directing the respondents of the writ petition (Appellants) to grant pension under invalid pension scheme/rule to the writ petitioner (Present Respondent) treating that he was in service till the date of the judgment (passed by the learned Single Judge).
(2.) Heard the learned counsel for the parties and perused the affidavit on record.
(3.) Brief facts of the case are that the writ petitioner/Rifleman/ (General) No. 163914 got enrolled/recruited with the Assam Rifles on 10.10.1994 and on completion of the training he was attached to the unit 11 Assam Rifles and posted at Mokokchung, Nagaland. During his posting, he was detected to have been suffering from Psychosis Schizophrenia and he was placed in Low Medical Category by a medical board with effect from July 1999. From time to time, he was examined by the review medical boards, and ultimately, in view of the fact that the writ petitioner failed to attain his fitness to the medical category SHAPE-I, he was discharged from service with effect from 01.06.2004.