IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1165 of 2009(O&M) Date of decision: 04.11.2009 Union of India and others. -----Appellants Vs. Ex. Rect. Amar Singh, No.1042069. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Ms. Ranjana Shahi, Advocate for the appellants. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, holding the respondent to be entitled to service element of pension as per rules. 2. The respondent was recruited to Indian Army as Sepoy in the year 1967. He completed training of six months and during further training, he suffered a fracture in his leg, on account of which, he was boarded out of the service and granted disability pension of Rs.26/- per month but the said pension was discontinued w.e.f. 20.1.1973 on the ground that his disability had come down to less than 20%. 3. In the writ petition, case of the respondent was that even if disability came down below 20%, service element of LPA No.1165 of 2009 pension was required to be given in terms of Regulation 186(2) of the Pension Regulations, applicable to the respondent, as interpreted by this Court in judgment dated 17.5.1995 in C.W.P. No.11519 of 1993 Gurnam Singh v. Union of India, judgment dated 28.2.2008 in C.W.P. No.8788 of 2007 Chandgi Ram v. Union of India and others, judgment dated 27.2.1997 in C.W.P. No.12311 of 1996 Amarjit Singh v. Union of India and others, against which SLP No.7400 of 1997 was dismissed by the Hon’ble Supreme Court on 22.9.1997. 4. We have heard learned counsel for the appellants. 5. Learned counsel for the appellants is unable to show distinction of present case with the judgments which have been followed by learned Single Judge, mentioned above. 6. Accordingly, no ground is made out to interfere with the view taken by learned Single Judge. 7. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 04, 2009 ( GURDEV SINGH ) ashwani JUDGE 2