UNION OF INDIA Vs. PRITAM SINGH

JUDGEMENT

(1.) The instant Letters Patent Appeal is directed against the judgment/order dated 29th of November, 1999 of learned single Judge passed in OWP No. 841/1997 whereby respondent (for short 'petitioner') has been held entitled to disability pension, consequently appellant-Union of India has been directed to release the same in his favour along with interest at the rate of 12%. Record reveals that operation of impugned judgment has not been stayed by this Court. Mr. Chauhan, learned counsel for the petitioner submits that the petitioner is regularly getting the pension as directed by learned Writ Court.

(2.) It needs to be mentioned here that the instant appeal came to be dismissed in default for want of prosecution at one stage, but subsequently restored.

(3.) The petitioner was enrolled as a Sepoy in Indian Army on 16th of June, 1976. He was boarded out of Army Service w.e.f. 5th of July, 1983 on the ground that he was suffering from 'Schizophrenic Psychosis' (Catatonic), 295. His disability was assessed at 30%, but was not allowed pension on the ground that the said disease is not attributable to army service.