IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 96 of 2006 Union of India and others . .……… Appellants Versus No.13765967H Ex. Rect. Bishan Singh S/o Sri Mohan Singh ……… Respondent Hon’ble Tarun Agarwala, A.C.J. Hon’ble V.K. Bist, J. Heard Shri Pradeep Joshi, the learned counsel for the appellants and Shri Mohit Maulkhi, the learned counsel holding brief of Shri D.S. Patni, the learned counsel for the opposite party- writ petitioner. The present special appeal has been filed against the judgment of the learned Single Judge dated 2nd March, 2006 whereby a writ of certiorari was issued quashing the orders dated 01/01/2004 and 04/09/2002 whereby the claim for disability pension was disallowed by the appellants. The learned Single Judge while allowing the writ petition held that the facts of the present case was squarely covered by the facts of Writ Petition No.1543 of 2001 (S/S) and, consequently allowed the writ petition in terms of the decision of that writ petition. We have heard the learned counsel for the parties and we find that no opportunity was given to the appellants to file a counter affidavit and place their version before the learned Single Judge. It seems that the writ petition was decided on the very first day after issuance of the notice on the writ petition and that no opportunity was granted to the appellants to file a counter affidavit. Consequently, we find that unless and until the 2 appellants were given an opportunity to place their version, it was not correct on the part of the learned Single Judge to come to a conclusion that the facts of the present case was squarely covered by the facts of another writ petition. In the light of the aforesaid, the order of the learned Single Judge cannot be sustained and is set aside. The special appeal is allowed. The matter is remitted again to the learned Single Judge to decide the matter afresh after giving an opportunity to the appellants to file a counter affidavit. The appellants are directed three weeks’ time to file the counter affidavit in the writ petition. The Registry will list the writ petition again before the appropriate Court after three weeks for disposal. (V.K. Bist, J.) (Tarun Agarwala, A.C.J.) 05.11.2009 Shiv/Bhaskar