C.W.P.No.1529 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.1529 of 2007 Date of Decision : 25.02.2008. Balwinder Singh .....Petitioner versus Union of India and another .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri K.S.Rekhi, Advocate for the petitioner. Ms.Ranjana Shahi, Central Government Standing Counsel for the respondents. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 5.8.2005, conveyed to the petitioner vide letter dated 24.8.2005, Annexure P-2 and the order dated 9.5.2006, Annexure P-5, whereby the claim of the petitioner for disability pension was declined as the disability of the petitioner was neither attributable to nor aggravated by military service. The petitioner has three spells of Army service. He was initially enrolled on 11.3.1976 in the Sikh Light Infantry and discharged from service w.e.f. 4.4.1982 i.e., after 6 years and 25 days qualifying service. Petitioner was enrolled in Defence Security Corps w.e.f. 3.6.1982 and remained as such there upto 30.6.1992. The petitioner served the Army for 10 years and 28 days in second spell. In both the spells, the petitioner has rendered 16 years, 1 month and 19 days service for which the petitioner C.W.P.No.1529 of 2007 2 was granted pension. The petitioner was again enrolled on 27.1.1995 in Defence Security Corps. He was invalided out of the service on 1.2.2005. The petitioner now claims invalidating pension in terms of Regulation 197 of the Pension Regulations only in the present writ petition. A perusal of Regulation 197 of the Pension Regulations would show that an individual who is invalided out of service on account of disability which is neither attributable to nor aggravated by service, invalid pension/gratuity shall be admissible to him. Since the petitioner has rendered more than 10 years of qualifying service in the 3rd spell, but the petitioner has not been granted invalidating pension, therefore, we dispose of the present writ petition with a direction to the respondents to consider the claim of the petitioner for invalidating pension/gratuity under Regulation 197 of the Pension Regulations, 1961, and grant the necessary benefits within 3 months from today. The writ petition stands disposed of accordingly. (HEMANT GUPTA) JUDGE 25-02-2008 (MOHINDER PAL) *mohinder JUDGE