LAWS(P&H)-2009-9-187

KAPAL DEV Vs. UNION OF INDIA AND OTHERS

Decided On September 05, 2009
Kapal Dev Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner joined the Army on 17.7.1971 after having been found medically fit. After completion of training, the petitioner was inducted into the Regular Army. He served at various places during the service both High Altitude and in sensitive areas. The petitioner was promoted to the next higher ranks of Naik, Havildar, Naib Subedar. The petitioner was discharged from the Army on 31.12.1996 after having rendered 26 years of service. On the basis of the recommendations of the Central Pay Commission, revised pension was sanctioned in favour of the petitions w.e.f. 1.1.1996. It is not in dispute that the issue involved in this petitioner is squarely covered by a Division Bench judgment of this Court dated 14.1.2008 passed in CWP No. 15400 of 2006 (wherein following observations/directions have been made :-

(2.) The petitioner is also entitled to the same relief. This petition is disposed of in terms of the aforesaid observations/directions. The claim of the petitioner shall be restricted to three years preceding the filing of this writ petition