UNION OF INDIA Vs. BRIJ LAL GUPTA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment and order dated 1st June, 2007, passed in CWP No. 1175 of 2001, titled as Brij Lal Gupta versus Union of India and another, by the learned Single Judge, whereby clauses (i) and (ii) of Annexure P -4 in the writ petition came to be quashed and set aside, commanding the appellants -writ respondents to treat the respondent -writ petitioner at par with the individuals invalided out of service on or after 1st January, 1973; the respondent -writ petitioner was held entitled to all the benefits of the disability pension as has been granted to those who have been discharged from service after 1.1.1973 and the writ respondents were also directed to work out the monetary benefits, hereinafter referred to as "the impugned judgment".

(2.) THE writ respondent had filed the writ petition seeking the following reliefs amongst others:

(3.) THE respondent -writ petitioner has not questioned the discontinuation of his disability pension by way of appeal as provided under the Army Act as well as the Rules and the Regulations; was contented with the order made by the writ respondents -appellants and after a lapse of 25 years, has filed CWP No. 1175 of 2001, which was granted. Further, in terms of Regulations 173 & 305 of Pension Regulations for the Army 1961 (Part -I), hereinafter referred to as "Pension Regulations, the respondent -writ petitioner is not entitled to disability pension. It is apt to reproduce Regulations 173 and 305 of the Pension Regulations herein: