- (1.) C.M.No. 647 of 2007 For the reasons stated therein, the application is allowed and the delay in the filing of the appeal is condoned. L.P.A. No. 159 of 2007
(2.) The appellants have impugned judgment dated 6.9.2006 of the learned Single Judge whereby the respondent was held entitled for service element of pension as per the rates fixed by the Central Government w.e.f. 7.8.1952 and onward for life.
(3.) While assailing the aforesaid finding recorded by the learned Single Judge, the learned counsel for the appellants contended that the benefits be curtailed to a period of three years as was done by the Supreme Court in the judgment Shiv Dass V/s. Union of India and others,2007 1 LawHerald(P&H) 556. Wherein it was held as under :- "In the peculiar circumstances, we remit the matter to the High Court to hear the writ petition on merits. If it is found that the claim for disability pension is sustainable in law, then it would mould the relief but in no event grant any relief for a period exceeding three years from the date of presentation of the writ petition. We make it clear that we have not expressed any opinion on the merits as to whether appellant's claim for disability pension is maintainable or not. If it is sans merit, the High Court naturally would dismiss the writ petition.";