High CourtsDivision Bench(2002) 05 PAT CK 0062

The Chief Marshal, Indian Air Force and Others vs Union of India (UOI) and Others

Patna High Court · Decided on 10 May 2002 · Citation: (2002) 3 PLJR 424

HON’BLE JUDGES
R.S. Garg, J · Nagendra Rai, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 229 of 2002

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Judgment

5 paragraphs · 169 words
1.

This appeal is barred by limitation.

2.

After bearing the learned Counsel for the parties and taking into consideration the averments made in the limitation petition, the delay in filing this appeal is condoned.

3.

This appeal is directed against the order dated 4.12.2001 passed by the learned single Judge in Smt. Palchuri Hanumayamma Vs. Tadikamalla Kotlingam (D) by L.Rs. and Others, , whereby he has directed to give disability pension after coming to the definite finding that the disability of non-organic psychosis in the husband of the writ Petitioner-Respondent No. 6 was attributed to the stress of the service.

4.

Admittedly, the aforesaid disability was not found at the time of entering in service and it was found during the course of service and thereafter the husband of the writ Petitioner was discharged on 14.2.1990 the ground of said disability.

5.

We fully agree with the view taken by the learned single Judge. Thus, there is no merit in this appeal and the same is accordingly dismissed.