M.R.CALLA, J. - (1.) THESE three appeals are directed against the common judgment and order dated 3.8.1999 whereby three writ petitions being S.B. Civil Writ Petition Nos. 3792/95, 680/96, 6092/96 were decided. The learned Single Judge had allowed the claim of disability pension in first two cases i.e. Nemi Chand v. U.O.I. and Ors., S.B. Civil Writ Petition No. 3792/95 and Surendra Singh v. U.O.I and Ors., S.B. Civil Writ Petition No. 6080/96 and has narrated that while determining the disability pension of these two petitioners they be paid arrears of such pension for only 3 years prior to filing of the writ petition i.e. from the date of discharge till prior to 3 years of filing of writ petition the petitioners would not be entitled to any arrears of pension. The third matter i.e. S.B. Civil Writ Petition No. 6092/1996, Guman Singh v. UOI and Ors., has been dismissed by the learned Single Judge on the ground of delay.
(2.) SINCE the common questions of law are involved in these matters, we proceed to decide these three appeals by our common judgment and order, as under: Nemi Chand v. Union of India and Ors., D.B. Civil Special Appeal (Writ) No. 612/2000 In the case the appellant Nemi Chand who is the original petitioner, who was enrolled in army on 2.3.1971 and he suffered damage to his left ear due to bombardment during Indo -Pak War of 1971 and was discharged from the service with 30% disability due to Sensory Neural Deafness (Left ear) after serving for five years and 269 days, on 20.11.1976. His disability pension claim was rejected on 17.2.1977. The appeal preferred by him was rejected on 2.2.1978. He submitted a petition dated 27.1.1979. He had submitted representations dated 27.1.1979, 4.10.1992, 18.8.1994, 20.9.1994, 19.12.1994, 23.2.1995, as also notices dated 12.4.1995, 12.5.1995 and the replies were received vide letter dated 9.12.1988, 2.9.1994, 26.11.1994, 31.1.1995, 7.5.1995 and 3.7.1995. The legal notice was also served on 16.7.1995 but no reply was received and ultimately he preferred the writ petition on 30.8.1995. The reply to the petition and rejoinder thereto have been filed on 24.5.1996 and 13.7.1996 respectively. Though learned Single Judge has upheld the claim of the petitioner with regard to the disability pension, the relief has been restricted only upto the period of 3 years preceding the date of filing of the writ petition. In other words, the relief has been denied for the rest of the period i.e. from the date of discharge i.e. 20.11.1976 till the date on which three years period prior to the date of filing the petition, commences. Surendra Singh v. Union of India and Ors., D.B. Civil Special Appeal (Writ) No. 610/2000.
(3.) THIS appeal has been filed by Surendra Singh through his wife Smt. Manni Devi because the appellant was of unsound state of mind and while he was in such state of mind, he also disappeared from the house on 4.2.2000 i.e. after the date of the judgment and order dated 3.8.1999 passed by the learned Single Judge and after filing of the appeal and after distribution of the PPO by the department in pursuance of the judgment and order of this Court passed by the learned Single Judge on 3.8.1999. In regard to his disappearance, an FIR was lodged on 16.2.2002 with Police Station, Chirawa, District Jhunjhunu and still his whereabouts are not known. It is also given out that Smt. Manni Devi wife of Surendra Singh is being paid the family pension w.e.f. 16.2.2000. Appellant Surendra Singh was enrolled in the army on 20.10.1983. He was enrolled in Defence Security Corps on 24.1.1984, he fell ill due to stress and strain of the service and was invalidated from service on 26.5.1987 due to 'Schizophernic Psychosis' with 70% disability after 7 years 2 months and 20 days services. His disability pension claim was rejected vide letter dated 11.2.1988. Appeal dated 25.3.1988 was also rejected vide letter dated 15.12.1988 and second appeal dated 11.12.1994 was also rejected vide letter dated 12.2.1996 without dealing with the issues raised in the appeal. He, therefore, filed appeal dated 11.8.1996 but no reply was received and relevant document were not supplied to him. The appellant then filed the writ petition through his wife on 9.12.1996 and show cause notice was issued, thereafter, reply was filed and rejoinder to that was filed by the petitioner.;