IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 15783 of 2009 Date of Decision: 14.10.2009. Hav. Raghbir Singh --Petitioner Versus Govt. of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Major Balbir Singh (retd.), Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Ranjana Shahi, Central Govt. standing counsel, who is present in the Court accepts notice on behalf of the Assistant Solicitor General for respondents. Copies furnished. The petitioner was enrolled in the army on 24.7.1985. He was declared medically fit at the time of his recruitment. Thereafter petitioner was discharged from service on 1.1.2008 by placing him under low medical category. The grievance of the petitioner is that he has not been granted the disability element of the pension. The claim of the petitioner for disability pension was, however, denied vide order dated 4.2.2008 (Annexure P-2). Petitioner preferred an appeal against the aforesaid order before the competent authority and the appeal filed by the petitioner has also been rejected vide order dated 10.12.2008 (Annexure P-4). Thereafter, the petitioner filed a second appeal before the Defence Minister's Appellate Committee. The grievance of the petitioner is that the aforesaid Appellate Authority has not decided the second appeal, filed by the petitioner. CWP. No. 15783 of 2009 -2- Learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the second Appellate Authority to decide the appeal filed by the petitioner. In this view of the matter, this petition is disposed of with a direction to the second Appellate Authority i.e. Defence Minister's Appellate Committee to decide the appeal filed by the petitioner within a period of four months from the date certified copy of this order is served upon the said authority. Needless to say that in the event the claim of the petitioner is rejected, the same shall be by a reasoned and speaking order and in such an eventuality petitioner shall be at liberty to avail the appropriate remedy available under law. (PERMOD KOHLI) JUDGE 14.10.2009 lucky