J.C.S. Rawat, J.

1. This appeal under Rule 5 Chapter VIII of the High Court Rules has been filed against the judgment and order dated 14-07-2006 passed by the learned Single Judge of this Court inWrit Petition No. 1469/2004 (S/S) Ex. Hav. Kishan Singh Vs. Union of India & others, whereby the learned Single Judge has allowed the petition.

2. A Writ Petition bearing No. 1469/2004 (S/S) was filed before the learned Single Judge by the petitioner- Ex. Hav. Kishan Singh for the following reliefs :(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the pension to the petitioner as he was getting after his retirement from service. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the arrear of his pension from the date when it was stopped alongwith interest.

(iii) To pass any other order or direction as this Hon'ble Court deem fit and proper under the circumstances of the case.

(iv) To award cost throughout.

3. The petitioner- Ex. Hav. Kishan Singh got retirement from Army Para Regiment on 01-04-1987 and after his retirement he was getting pension regularly till 01-12-1993. Later on, an F.IR. d