UNION OF INDIA Vs. EX-GNR SURINDER SINGH

JUDGEMENT

(1.) The instant appeal by the Union of India and its officers under Clause X of the Letters Patent is directed against judgment dated 10.11.2009 rendered by the learned Single Judge holding that the writ petitioner-respondent is entitled to disability pension because he suffered the disease called Schizophrenic Reaction during service and finally invalidated out of army service on 2.8.1968 by the Invalidating Medical Board. Learned Single Judge has held the writ petitioner-respondent entitled to payment of arrears from the date of discharge which is stated to be 2.8.1968.

(2.) The only argument raised by the learned counsel for the appellants is that arrears have been awarded in respect of more than 40 years which by no stretch of imagination is permissible. According to the learned counsel the whole proceedings including the proceeding in appeal filed by the writ petition-respondent concluded in the year 1972 and he had no right to claim the disability pension by filing a writ petition in the year 2009.

(3.) In response to the notice of motion having been issued, Mr. Bhim Sen Sehgal, learned counsel for the writ petitioner-respondent has pointed out that while implementing the direction issued by this Court, the appellants have already paid the arrears of pension in July 2010. In support of his statement, learned counsel has placed on record a photocopy of the PPO No. D/0101/2010, which is taken on record as Mark-'A'. Learned counsel further argued that the writ petitioner-respondent is 75 years old. He further makes a categorical statement that the writ petitioner-respondent would be satisfied if his arrears are confined to three years preceding to the date of filing of the writ petition which stands already paid to him.