IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.16654 of 2008 Date of Decision: May 19, 2009 Gurjant Singh Sandhu .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Navdeep Singh, Advocate, for the petitioner. Ms. Ranjana Shahi, Central Government Standing Counsel, for the respondents. . . . AJAI LAMBA, J (Oral) Ex-Havildar Gurjant Singh Sandhu has approached this Court in its civil writ jurisdiction under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release disability pension to the petitioner. Perusal of Annexure P-5 dated 7.6.2008 indicates that the petitioner was enrolled in the Defence Security Code on 26.9.1979. He was discharged from service on 30.9.1998 at his own request on compassionate ground. CWP No.16654 of 2008 [2] It is not in dispute that the petitioner was examined by Release Medical Board and was found in low medical category with disability on account of hypertension. Under Annexure P-5 [Para 2(b)], the petitioner has been held not eligible for disability pension as he was discharged from service at his own request. Learned counsel has placed reliance on judgment dated 5.5.2004 rendered by the High Court of Delhi at New Delhi in ‘Mahavir Singh Narwal vs. Union of India & Another’ reported as 2005(1) All India Service Law Journal 133, while dealing with Civil Writ Petition No.2967 of 1989. Union of India challenged the said judgment in the Hon’ble Supreme Court of India by filing SLP No.24171 of 2004. The appeal was dismissed. Learned counsel for the respondents has not been able to dispute either the fact that the petitioner has been denied disability pension on the ground that he was discharged at his own request on compassionate ground or that, the judgment relied upon by the petitioner is applicable to the facts of the case. In view of the law laid down in Mahavir Singh Narwal’s case (supra), this petition is allowed. The petitioner was discharged from service on his own request on 30.9.1998. Claim for disability pension was pressed only on 5.1.2005 (Annexure P-4) and thereafter on 4.4.2008 (Annexure CWP No.16654 of 2008 [3] P-5), therefore, the arrears would be payable to the petitioner only for 38 months preceding the date of filing of the writ petition i.e. 18.9.2008. The claim of the petitioner be considered within four months of receipt of certified copy of the order. (AJAI LAMBA) May 19, 2009 JUDGE avin