IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 16570 of 2009 Date of Decision: 30.10.2009. Resham Singh --Petitioner Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Rajesh Sehgal, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Geeta Singhwal, Central Govt. standing counsel, who is present in the Court accepts notice on behalf of the Assistant Solicitor General for respondents. It is not in dispute that the issue involved in the present writ petition is squarely covered by a Division Bench judgement of this Court rendered on 21.7.2008 in CWP No. 7949 of 2007, wherein following observations have been made:- “ In view of the above, impugned orders dated 26.7.1998 (Annexure P-1) and 29.8.2001 (Annexure P-2) are set aside and the writ petition is allowed in the following tersm:- 1. The petitioner is entitled to be paid service element of pension as per prescribed rates from the date of his invalidation from service. 2. The Arrears of disability pension with service element only, so calculated and determined, shall be restricted to three years and two months prior to the date of filing of present writ petition and the same shall CWP. No. 16570 of 2009 -2- be disbursed to him within three months from the date of receipt of a certified copy of this judgment by the competent authority. 3. In case the arrears are not disbursed within the said period of three months the entire arrears will carry interest @ 12% per annum from the date of expiry of three months till the date of actual payment. There shall, however, be no order as to costs.” In view of the above position, the petitioner is also entitled to the similar relief. The arrears of the petitioner would be restricted to three years preceding the filing of the writ petition. This petition is accordingly disposed of in terms of the aforesaid judgement. (PERMOD KOHLI) JUDGE 30.10.2009 lucky