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2010 Supreme(SC) 276

A.K.PATNAIK, MARKANDEY KATJU
Union of India – Appellant
Versus
C. S. Sidhu – Respondent


Advocates appeared:
For the Appellants:Parag P. Tripathi, ASG, Ms. Arti Gupta, Kunal Bahri and Mrs. Anil Katiyar, Advocates. For the Respondent:Ms. Susmita Lal (N.P.), Advocate.

Judgment :

Heard Mr. Parag P. Tripathi, learned Addl. Solicitor General appearing for the appellants.

2. There is no appearance on behalf of the respondent today.

3. This appeal by special leave is directed against the impugned judgment and order dated 11.12.2003 of the Division Bench of the High Court of Punjab & Haryana whereby the writ petition filed by the respondent herein (writ petitioner before the High Court) has been allowed and the appellants herein (respondents before the High Court) have been directed to count the entire period of full pay commissioned service of the respondent from 22.06.1968 to 23.06.1978 as qualifying service and calculate his disability pension in accordance with pension scales as on 23.6.1978 and give him all other benefits inuring therefrom.

4. The facts in detail have been given in the impugned judgment and order. Hence, we are not repeating the same here.

5. The question involved in this appeal is whether the full pay commissioned service rendered by the respondent herein from 22.06.1968 to 23.06.1978 is to be counted as qualifying service by the Union of India for the purpose of granting disability pension to the respondent.

6. The respondent he


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