LPA 1562-10 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 1562 of 2010 (O&M) Date of decision 17 .11.2010 Union of India and others ... Appellant Versus IC 20824-K Lt Col RK Malhotra (Retd) VRC ... Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Ms. Anjali Kukkar ,Advocate for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal by the Union of India filed under Clause X of the Letters Patent is directed against judgement dated 24.10.2009 rendered by the learned Single Judge while allowing the writ petition filed by Lt. Col. R.K.Maklhotra. The learned Single Judge has found that the issue is squarely covered by the judgement of this Court passed in CWP No. 19417 of 2007 decided on 18.2.2009. The crux of the matter is that for the purpose of determination of eligibility for grant of disability pension it is necessary that the ex-serviceman must be boarded out of service on account of disability. If disability has otherwise manifested itself then the mere reason that ex-serviceman has been forced to seek retirement would not result in forfeiture of the disability pension. Then obviously it would be a camouflage. Having heard the learned counsel we are of the view that there is no room to interfere. The Division Bench judgement rendered in LPA 1562-10 2 C.W.P.No.14917 of 2007 could not be successfully distinguished by the counsel for the appellant. Accordingly, the appeal fails and the same is dismissed. (M.M.Kumar) Judge ( Ritu Bahri ) 17 .11.2010 Judge okg