IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.4658 of 2008 Date of Decision: April 15, 2009 Balwinder Singh .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Navdeep Singh, Advocate, for the petitioner. Mr. Aman Chaudhary, Central Government Standing Counsel, for the respondents. . . . AJAI LAMBA, J (Oral) Ex. Naik Balwinder Singh has approached this Court in writ jurisdiction praying for issuance of a writ in the nature of mandamus directing the respondents to release the disability pension to the petitioner. Learned counsel for the petitioner has contended that the petitioner was enrolled in Regular Indian Army in 1990. At the time of enrolment, the petitioner was found medically fit. The petitioner, while serving in counter insurgency operations in Doda (Jammu & Kashmir) in 1997 CWP No.4658 of 2008 [2] developed primary hypertension and therefore, his medical category was down graded. The petitioner, however, was not given any alternate/ sheltered appointment and the petitioner, despite the disability, continued to perform regular duties in counter insurgency operations in field areas. As a result of deteriorating medical condition, the petitioner sought discharge on medical ground from the respondents. The petitioner accordingly was released through Release Medical Board. Low Medical Category has been recorded as the reason for discharge of the petitioner. The petitioner applied for disability pension which however has not been granted on the ground that the petitioner sought voluntary discharge. Learned counsel for the petitioner relies on judgment dated 18.2.2009 rendered by this Court in Civil Writ Petition No.19417 of 2007 titled ‘Ex. Naik Parmod Kumar vs. Union of India & Others’ wherein reliance has been placed on Division Bench judgment of this Court in Civil Writ Petition No.10174 of 2006 decided on 1.4.2008 (Naik Amrik Singh vs. Union of India & Others) and other judgments of the Delhi High Court and the Supreme Court of India. Learned counsel for the respondents has not been able to dispute that case of the petitioner is covered by the judgment rendered in Ex. Naik Parmod Kumar’s case (supra). CWP No.4658 of 2008 [3] I have considered the issue. As per the stand of the respondents taken in the written statement, disability of the petitioner was assessed, as aggravated by military service, at 30% for life by Release Medical Board. Copy of the proceedings of Release Medical Board has been placed on record as Annexure R-4. Perusal of Part-V (Annexure R-4) i.e. Opinion of the Medical Board, indicates that disability of the petitioner was found to be on account of primary hypertension which had been aggravated by service. The Column further indicates that the disability suffered by the petitioner was due to stress and strain of military service. Annexure P-4 dated 21.11.2007 indicates that reason for denying the disability pension is that as per the existing policy, the persons discharged from service on their own request on extreme compassionate grounds are not entitled for disability pension. This very issue has been considered by this Court in Ex. Naik Parmod Kumar’s case (supra). Since the matter is covered by the judgment dated 18.2.2009 rendered in Ex. Naik Parmod Kumar’s case (supra), this petition is allowed. The petitioner is entitled to the disability pension. (AJAI LAMBA) April 15, 2009 JUDGE avin