JUDGMENT

Arijit Pasayat, J.—Challenge in these appeals is to the legality of orders passed by a Division Bench of the Jammu and Kashmir High Court dismissing the Letters Patent Appeal filed by the appellants and the review application in respect of the said order. The High Court by the impugned judgment in the Letters Patent Appeal upheld the view of learned Single Judge holding that the respondent is entitled to pension.

2. Background facts in a nutshell are as follows :

Respondent was enrolled as a Sepoy on 6.1.1969. On 1.7.1976 respondent made a declaration in writing to undergo reserve service liability of two years after discharge from service.

3. The request of the respondent for discharge from Army service on companionate grounds was accepted and he was discharged and his name was struck out from the strength on 6.9.1978. Thus he had rendered service for 9 years 7 months and 27 days in the Army which included some over stay leave. With effect from 6.9.1980 the respondent ceased to have any reserve liability. As such, according to the appellants, the respondent did not qualify for any pension in terms of the applicable regulations. On 21.2.2000 respondent filed a writ petition fo