JUDGMENT :

(Sanjeev Kumar, J.)

1. This intra Court appeal under Clause 12 of the Letters Patent is directed against a judgment dated 25th March, 2009 passed by a learned Single Judge of this Court [“Writ Court”] in a writ petition SWP No.2129/2001 titled Ex-Havaldar Angrej Singh v. Union of India and others, whereby the writ petition filed by respondent No.1 (hereinafter “writ petitioner”) has been allowed and the order of his discharge from the Service passed by the appellants has been quashed. There is a further direction by the Writ Court to treat the writ petitioner in service for such period as would be sufficient to entitle him for pensionary and retiral benefits.

2. Before we advert to the grounds of challenge urged by the learned counsel for the appellants, we deem it appropriate to take notice of few material facts.

3. Writ petitioner came to be enrolled in Indian Army as Sepoy on 05.09.1972. In the year 1979, when he was availing 60 days annual leave, the writ petitioner crossed over to Pakistan alongwith two civilians of his village, namely, Rattan Singh and Mohinder Singh a