UNION OF INDIA AND OTHERS Vs. RAM PARKASH

JUDGEMENT

(1.) This regular second appeal by Union of India is directed against the judgments and decree dated 28.5.2005 and 13.3.2007 passed by the learned Courts below vide which the suit for declaration filed by the plaintiff/respondent stands decreed.

(2.) The plaintiff/respondent brought a suit for declaration claiming therein that the order of discharge dated 31.1.1997 was illegal, null and void and not binding on the rights of the plaintiff/respondent. Consequential relief of mandatory injunction was also sought for allowing him to complete his pensionable service or in the alternative proportionate pension was claimed. The plaintiff joined the Army Medical Corps on 20.6.1984 as Barber and served at various places.

(3.) The plaintiff claimed that he had fallen ill, during the course of his duty in 1986, and was admitted in Air Force Hospital, Bangalore for treatment where he was declared a case of neurosis and was medically down-graded. He recovered from the illness in 1990 and was again medically upgraded.