UNION OF INDIA AND OTHERS Vs. MANPAL

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against an order dated 14.5.2015 passed by the learned Single Judge, whereby the writ petition claiming disability pension on account of injuries suffered by the writ petitioner (the present respondent) was allowed.

(2.) Learned counsel for the appellants in the present appeal vehemently argued that both the aforesaid judgments pertain to the armed forces personnel governed by the Army Act, whereas the writ petitioner was enrolled in Assam Rifles, which is not governed by the Army Regulations but by the Central Civil Services (Extraordinary Pension) Rules, 1939 ( for short the Rules). Thus, the very basis of the order is on mistaken fact and as such, the order passed by the learned Single Judge, is liable to be set aside. He argued that even under the aforesaid Rules, the writ petitioner is not entitled to disability pension for the reason that he has suffered injuries more than five years before the date of submission of an application and that the writ petition was filed even much later.

(3.) The relevant Rules would read as under:-