CWP No.18954 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.18954 of 2006 DATE OF DECISION: November 11, 2008 HAZARA SINGH ...PETITIONER VERSUS UNION OF INDIA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. N.S. SHEKHAWAT, ADVOCATE FOR THE PETITIONER. MS. RENU BALA SHARMA, CENTRAL GOVT. STANDNG COUNSEL FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner was enrolled in the Army on 30.10.1965. At the time of his enrollment he was physically and mentally fit and was placed in the medical category 'AYE'. During service the petitioner suffered pain in his backbone, i.e. ID-DORSAL SCOLIOSIS-737 V-67. After serving for 16½ years the petitioner was ultimately discharged from Army on 25.4.1982, as he was placed in low medical category 'CEE'. The petitioner has prayed that he be granted disability pension. However, his claim was rejected by respondent No.3 as the disability of the petitioner was assessed to be less than 20%. The petitioner filed an appeal, but the same was also rejected vide order (Annexure P-4). In the present writ petition the petitioner has prayed that a Resurvey Medical Board be conducted and thereafter in case the disability of the petitioner is more than 20%, then he be granted disability pension. CWP No.18954 of 2006 -2- Ms. Renu Bala Sharma, Central Govt. Standing Counsel states that a Resurvey Medical Board was constituted pursuant to the orders passed by this Court on 15.1.2008. The petitioner was re-examined on 9.2.2008 and his disability was assessed at 20% for life. As the disability of the petitioner has now been assessed as 20% for life, therefore, the petitioner is entitled to be granted disability pension. In view of the above, we quash the order (Annexure P-3) and allow the writ petition and direct the respondents to release the disability pension of the petitioner as per his disability which has been assessed at 20% for life. The entire exercise be completed within a period of three months from the receipt of certified copy of this order. (ASHUTOSH MOHUNTA) JUDGE November 11, 2008 (RAJAN GUPTA) Gulati JUDGE