CWP No.3451 of 2006 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 16.09.2009 No.6327511 Ex.Rect.Karan Singh .. Petitioner Versus Union of India and others .. Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Bhim Sen Sehgal and Mr.Rajesh Sehgal, Advocates,for the petitioners. Ms.Geeta Singhwal, Advocate, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner was enrolled in the Indian Army on 8.12.1965. He was deputed for training which he completed successfully. He suffered leg pain during training at Goa and admitted to Military Hospital, Panjim and thereafter referred to AFMC, Pune, for further investigation and treatment for “chronic recurrent foliculitis both legs (713)”. The petitioner was found medically unfit for any kind of military duty and was placed in the lowest medical category “EEE”. On 15.6.1967 on the recommendations of the Medical Board, the petitioner was invalided out of Army service and sent directly home from the AFMC, Pune. He was granted disability pension w.e.f. 16.6.1967 to 11.5.1968 only by the PCDA (P) at the rate of 20 per month which consisted for service as well as disability element. Thereafter, the Re-Survey Medical Board has reduced the percentage of disability of the petitioner from 20% to less than 20% which resulted in stoppage of disability pension w.e.f. 3.7.1974 onwards. He represented to the respondents for claiming disability pension at the rate of 20%. He also CWP No.3451 of 2006 : 2 : served a legal notice on 17.10.2005 which has been rejected. It is under these circumstances that the petitioner has filed the present writ petition. It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by the judgment of this Court in the case of 3330582 Ex-Sepoy Nek Singh Vs.Union of India and others, (CWP No.1717 of 1998) decided on 10.07.2000, wherein the following directions/observation have been made:- “In these circumstances, the present writ petition is hereby allowed and directions are given to the respondents to release the service element of the petitioner which shall be payable to him for life according to Rules and Regulations as revised from time to time. If the benefit of service element is not released within six months from the date of the receipt of the copy of this order, the petitioner shall be entitled to the interest at the rate of 12 percent.” The aforesaid observations are fully applicable to the facts and circumstances of the present case. However, the arrears are confined to three years prior to the date of the filing of the present writ petition. The petitioner shall be entitled to the same relief. Petition stands allowed. 16.09.2009 (PERMOD KOHLI) BLS JUDGE