GOVT. OF INDIA Vs. PUSHOTTAM DATT TRIPATHI

JUDGEMENT

(1.) THIS appeal is directed against an order dated 19.1.2010 passed in W.P. No. 10582/2005(S) by which the learned Single Judge issued directions to the appellants to consider the case of the respondent for grant of pension under Regulation 173 of the Regulations of 1961 and fix the pension in accordance with the rules prevailing in Army Rules and grant arrears of pension w.e.f. 12.9.2005 within a period of three months from the date of receipt of certified copy of the order failing which the petitioner/respondent shall be entitled for interest @ 12% per annum from the said date till realisation. This appeal has been filed on various grounds by the appellant Union of India, but from perusal of the order passed by the Single Bench we find that the Single Bench has directed the appellant only for consideration of the case of the respondent for grant of pension under Regulation 173 of the Regulation, 1961, the order does not require any interference by this Court.

(2.) THE facts of the case are that the respondent was appointed as Religious Teacher on 5.11.1963 in Mahar Regiment Center, Sagar. He was given the rank of Nayab/ Sub -RT as Junior Commissioned Officer. During his service he was posted in the field but suffered because of heavy snowfall in the field and was declared disabled and could not continue his service. By order dated 3.7.1973 he was retired from service. At the time of retirement the respondent had completed 9 year 7 months and 28 days of service.

(3.) THE learned Single Judge considered the provisions as contained in section 173 of the Pension Rules which provides thus : -