Civil Writ Petition No. 21584 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 21584 of 2008 Date of decision: 23.12.2008 Gurbachan Singh ........Petitioner Versus Union of India and others .......Respondents Coram: Hon'ble Mr. Justice J.S.Khehar Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. K S Boparai, Advocate for the petitioner -.- J.S.Khehar , J. (Oral) The petitioner was discharged from Electrical and Mechanical Engineering Cores (EME) on 16.10.1965, although he was declared fit for civil employment. His discharged certificate depicted his medical category as EEE(E). Consequent upon his discharge from the service, the petitioner was granted disability pension. He continued to draw disability pension till the Re-Survey Medical Board arrived at the conclusion, that he suffered from nil percent disability with effect from 05.07.1975. It is thereupon, that disability pension, which was being released to the petitioner was stopped. So as to claim the right to be paid disability pension after it was stopped, the petitioner approached the respondents, as a consequences whereof the claim of the petitioner was adjudicated upon by an order 28.01.1978. The claim of the petitioner for disability pension was rejected by the aforesaid order dated 28.01.1978. Now after the lapse of 30 years Civil Writ Petition No. 21584 of 2008 2 since the passing of the aforesaid order, the petitioner has approached this Court for grant of disability pension. It would be pertinent to mention, that even after the rejection of the claim raised by the petitioner vide order dated 28.01.1978, the petitioner continued to make representations to the authorities, one such representation came to be disposed of by an order dated 25.12.2006 (Annexure P-3). The instant order also narrates, that the petitioner was not suffering from any disability, whatsoever, with effect from 05.07.1975. It is also recorded in the order dated 25.12.2006, that the Re-Survey Medical Board, had also recorded an expressed finding, that the petitioner was suffering from nil percent disability. While disposing of the claim raised by the petitioner through the communication dated 25.12.2006, the petitioner was told not to make any further representation. The instant order also notices, that when the order dated 28.01.1978 was passed, he had been told not to make any further representation as it would not serve any purpose. In view of the above, we are of the conclusion, that merely because the claim of the petitioner was reconsidered and again rejected vide order dated 25.12.2006, the same did not create a fresh cause of action for the petitioner. The claim of the petitioner has to be adjudicated upon on the basis of the rejection communicated to him on 28.01.1975. Not only, that the petitioner has approached this Court belatedly after a period of 30 years, it is also evident from the impugned order, that the petitioner presently suffers from no disability, whatsoever. For the reasons of delay and laches, as well as, on account of Civil Writ Petition No. 21584 of 2008 3 the fact, that the petitioner has not been suffering from any disability, when disability pension was stopped, we find no merit in the claim raised by the petitioner. Dismissed. [J.S.Khehar] Judge [Nirmaljit Kaur] Judge December 23, 2008 mohan