UNION OF INDIA AND ORS Vs. KASTURI LAL

JUDGEMENT

(1.) Legality and correctness of judgment and the order dated 31.12.2001 passed by the Writ Court in SWP No. 933/2001 has been assailed in this Letters Patent Appeal preferred by the Union of India-appellants .

(2.) By the impugned Judgment and order, the writ petition initiated by the respondent as writ petitioner was disposed of in his favour with a direction that he was held entitled to pension by ignoring the vague options 2 said to have been exercised by him, with a further direction that the pensioner benefits be calculated and released in favour of the respondent within a period of two months from the date copy of the order passed by the Writ Court was made available by the respondent to the appellants.

(3.) The factual matrix, in brief, necessary for the proper resolution of this appeal, as emerged from the pleadings exchanged by and between the parties in the writ proceedings, is that the respondent herein had joined Army Service on 11.12.1965. After serving 7 years and 5 months, he was transferred to RESERVE. The respondent was in receipt of Reserve Pension with effect from 20.5.1973.