IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.968 of 2009(O&M) Date of decision: 28.10.2009 Union of India and others. -----Appellants Vs. Ex-Rifleman Dhaninder Singh. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Gurpreet Singh, Advocate for the appellants. --- ORDER: 1. The appellants are aggrieved by order of learned Single Judge, directing grant of invalid pension. 2. The respondent joined as Rifleman on 11.9.1980. After more than eight years of service, he was declared unfit for Military service and was relieved without any pension. Case of the appellant was that without completing 10 years of service, disability pension was not admissible. Aggrieved thereby, the respondent filed writ petition with a contention that for invalid pension, requirement of 10 years’ service was not applicable. The writ petition was contested on the plea that invalid pension was not admissible, as case of the writ petitioner was not covered LPA No.968 of 2009 under Rules 38 and 49-B of the Central Civil Service Pension Rules, 1972 (for short, “the 1972 Rules”). 3. Learned Single Judge held that while Rule 49-B of the 1972 Rules required 10 years of service, under Rule 38, there is no requirement of length of service. Reliance was placed on judgment of this Court in Mohinder Singh v. State of Haryana 2000(1) SCT 149, taking a similar view while interpreting provisions of Punjab Civil Service Rules, Volume-II. 4. We have heard learned counsel for the appellants. 5. Contention raised on behalf of the appellants is that even though no length of service is prescribed under Rule 38 of the 1972 Rules, the said Rules uses the expression ‘retires’. Learned counsel for the appellants also fairly pointed out that Rule 9 of the 1972 Rules deal with disability pension, wherein requirement of length of service has not been laid down. This being the position, no fault can be found with the direction to award disability pension. 6. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE October 28, 2009 ( GURDEV SINGH ) ashwani JUDGE 2