LPA 903-10 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 903 of 2010 Date of decision 3 .8.2010 Union of India and others ... Appellants Versus Dharam Pal Kalia ... Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Dr.Amarpreet Sandhu ,Advocate for the appellants 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 filed under Clause X of the Letters Patent is directed against the judgement dated 7.10.2009 passed by the learned Single Judge of this Court while disposing of CWP No. 2059 of 2002. The learned Single Judge has found that in the year 1978 while the petitioner was working on the post of Technical Tradesman of Air Frame Fitter (1st Group) while working on Air Craft, Hydraulic oil splashed into his right eye. He was taken for preliminary treatment to the Military Inspection Room. His right eye got infected day by day which lead to his admission to Air Force Hospital Kalikunda on 9.6.1978. He was referred to Command Hospital, Calcutta. Accordingly he was placed in the medical category CEE (Temporary) as there was no improvement in his right eye sight. The petitioner was placed in medical category CEE (Permanent) by the Medical Board, Command Hospital, Calcutta. Before the Release Medical Board on 8.9.1993 his disease was diagnosed as Corneal Opacity with LPA 903-10 2 Hypermentropic Estigmatism and Ambiyopia RT. eye-371. The Release Medical Board placed him in category CEE (P) with 40% disability and he was eventually released from the Air Force Service on 28.5.1994. The petitioner claimed disability pension but the authorities rejected the same vide letter dated 14.2.1995 on the ground that the disability suffered by him was neither attributable nor aggravated by the Air Force Service. The aforesaid stand was reiterated in the written statement. The learned Single Judge took the view that the matter is covered by the Division judgements of this Court rendered in the cases of Birbal v. UOI 2006(3) SCT 319 and AKS Chaudhary v. UOI and others 1999(1) RSJ 778. Another judgement of this Court in the case of Surjit Singh v. The Secretary to the Govt. of India and others 1999(4) RSJ 385 has also been relied upon. Accordingly directions have been issued by the learned Single Judge to work out the disability pension payable to the petitioner as his disability was assessed at 40%. At the hearing, we asked the counsel for the appellant to distinguish the judgements on which reliance has been placed by the learned Single Judge. However, she has remained unable to do so. In any case, once the Release Medical Board had given the opinion that the petitioner- respondent suffered from 40% disability then the only question is whether such disability could be attributable to Army Service or not. It has come on record that while the petitioner was working as Technical Tradesman of Air Frame Fitter (1st Group) on an Air Craft, Hydraulic Oil splashed into his right eye. There cannot be any better illustration of disability imputable to military service. The view taken by the learned Single Judge does not suffer from any legal infirmity warranting interference of this Court. LPA 903-10 3 Accordingly, the appeal fails and the same is dismissed. (M.M.Kumar) Judge (Mehinder Singh Sullar) 3 .8.2010 Judge okg