PRATAP KUMAR RAY, J.

1. ASSAILING the judgment and order dated 15th May, 2002 passed by the learned Trial Judge in W. P. No.1064 (w) of 1999, this appeal has been preferred by the Union of India and officers of Central Reserve Police Force. The judgment under appeal read such:-

"The writ petitioner was declared medically unfit by the Medical Board. The respondent authority relying on the report of the Medical Board removed the writ petitioner from service. The order or removal was impugned by the writ petitioner before this Court in C.O. 4056 (W)/1996 wherein this Court by an order dated April 26, 1996 upheld the order of removal and directed the respondent authority to consider the case of the writ petitioner for extending retiral benefits. In terms of the said order dated April, 26, 1996 the respondent authority considered the matter and passed the following order; 2. In this connection it is unformed that a central Govt. Employee is covered under CCS (Pension) Rules 1972. You were invalided from service after serving less than 10 years in CRPF. A Central Govt. Employee who served for less than 10 years is not eligible for Invalid Pension as per Rule 38 of CCS (Pension) Ru