CWP No.1752 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.1752 OF 2008 DATE OF DECISION: 06-02-2008 Banarsi Dass .....PETITIONER VERSUS The Secretary to the Govt. of India, Ministry of Defence, Sena Bhawan, New Delhi and others. .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.M.S.Sidhu, Advocate for the petitioner. HEMANT GUPTA, J. In the present writ petition, the claim of the petitioner is that he has not been granted dis-ability pension though he was boarded out on 16-12-1968 and pension @ Rs.22/- was granted to him. The present writ petition has been filed almost after 40 years of the discharge and even without disclosing the nature of the disease on the basis of which he was boarded out. In response to the legal notice, the respondents have communicated on 15-12-2007 that claim of the petitioner for dis-ability pension was rejected on 22-02-1969 on the ground that dis-ability was not attributable to military service and that he did not fulfill the condition that CWP No.1752 of 2008 2 such disease existed or arose during military service and has been aggravated thereby. Subsequently, the said decision was communicated to the petitioner on 29-12-2001 and on 23-11-2007. Since the claim of the petitioner for dis-ability pension was rejected way back in February, 1969, we do not find any ground to interfere in the present writ petition claiming dis-ability pension after more than 37 years of the rejection of the claim. Dismissed. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) February 06, 2008 JUDGE jt