UNION OF INDIA AND OTHERS Vs. MALKIAT SINGH

JUDGEMENT

(1.) The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 16.9.2009, passed by the learned Single Judge in CWP No. 15728 of 2007.

(2.) Before the learned Single Judge it was conceded that the issue raised before the Court was covered by a Division Bench judgment of this Court rendered in the case of Bakshish Singh v. Union of India and others (LPA No. 174 of 2008, decided on 3.7.2009). The disease of the petitionerrespondent, who is an Ex-serviceman, was "œHysteria-Mental Disease " due to stress and strain of service while he was posted in field area. The Invalidating Medical Board placed him in the medical category of "˜BEE (P) "™ with 30% disability. Despite representation made by him, his claim was rejected on the ground that the disease was not attributable to military service. Eventually he filed CWP No. 15728 of 2007 and at the time of hearing, the appellants agreed that the issue was covered by the Division Bench judgment in Bakshish Singh "™s case (supra).

(3.) Having heard learned counsel we find that once a consent order has been passed on the basis of the statement made by the appellants through their counsel then there is no scope for the appellants to raise an issue in the appeal. Even otherwise, there is no distinguishing feature pointed out between the Division Bench judgment of this Court in Bakshish Singh "™s case (supra) and the facts of the present case, impelling us to take a different view than the one taken in Bakshish Singh "™s case (supra). Accordingly, the appeal is devoid of merit and the same is dismissed.