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2014 Supreme(UK) 456

SUDHANSHU DHULIA
Tej Singh Mehta – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr. D.S. Mehta, Advocate, present for the petitioner.
Mr. Suresh Mishra, learned Standing Counsel for the Union of India/respondent nos. 1 to 4.

Judgment

Sudhanshu Dhulia, J.

1. On the grounds urged and in the interest of justice, the restoration application (MCC 726 of 2014) is allowed.

2. Order dated 13.08.2014 is hereby recalled. The writ petition is restored to its original number.

3. The petitioner was a Constable in Assam Rifles. While he was posted in Assam in 1984, he sustained gunshot injuries while apprehending terrorists, as a result his left leg was amputated. He was, however, given medical treatment and retained in service though he was given lighter assignments, in consideration with his medical conditions. On 31.07.1991 the petitioner took voluntary retirement from the Assam Rifles and was given his pension and all other service benefits including post retrial benefits.

4. Thereafter i.e. on his voluntary retirement the petitioner started making representations before higher authorities and it seems that he moved a representation even to the President of India and the matter was referred thereafter to the Directorate General, Assam Rifles for disability pension, and consequently the Directorate General, Assam Rifles passed an order on 16.08.1995, which reads as under:-

DISABILITY PENSION

1. Reference your petition d














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