IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 8201 of 2009 DATE OF DECISION : MAY 27, 2009 SPR. RAJWINDER SINGH ....... PETITIONER(S) VERSUS UNION OF INDIA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. VK Sandhir, Advocate, for the petitioner(s). . AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 31.5.2008 (Annexure P-3) under which the claim of the petitioner for disability pension has been rejected. Further prayer made in the petition is for issuance of a writ in the nature of mandamus directing the respondents to decide the appeal (Annexure P-4) filed by the petitioner. Learned counsel for the petitioner contends that the petitioner was enrolled in the Army on 19.8.1999 as a Sepoy. At the time of entry in Civil Writ Petition No. 8201 of 2009 2 Army, there was no medical infirmity. On 10.11.2007, the petitioner fell seriously ill and had to be admitted in the Army Hospital. The petitioner was diagnosed to be suffering from severe depressive disorder without psychotic symptoms. He had to remain hospitalized till 24.1.2008. Finally, the petitioner was discharged with disability assessed at 30%. The claim for disability pension has been rejected vide impugned order dated 31.5.2008 (Annexure P-3) on the ground that the disability is neither attributable nor aggravated by military service. In para-2 of the impugned order, it has been provided that the petitioner would be at liberty to file an appeal before the Appellate Committee within 6 months of date of receipt of the letter. The petitioner, indeed, filed an appeal, as is evident from Annexure P-4. No decision on the appeal has been taken. Notice of motion. On the asking of the court, Ms.Ranjana Shahi, Advocate, accepts notices on behalf of the respondents. I am of the considered opinion that, at this juncture, because the appeal filed by the petitioner is pending, no interference in regard to the first prayer is called for. This petition is disposed of with directions to the respondents to dispose of the appeal of the petitioner within 3 months of receipt of certified copy of this order. May 27, 2009 ( AJAI LAMBA ) Kang JUDGE