LPA No. 1758 of 2010 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 1758 of 2010 (O&M) Date of Decision : 20.12.2010 Union of India & others .......... Appellants Versus No. 3378029-W Ex-Hav Kuldip Singh ...... Respondent CORAM : HON'BLE Mr. JUSTICE M.M. KUMAR HON'BLE Ms. JUSTICE RITU BAHRI 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present : Mr. Rajiv Kumar Saini, Advocate for the appellant. **** M.M. KUMAR, J. The instant appeal under Clause 10 of Letters Patent is directed against judgment dated 20.11.2009 rendered by the learned Single Judge, holding that the claim of the petitioner is covered by two Division Bench judgments of this Court rendered in the cases of A.J.S. Chaudhary vs. Union of India and others, 1999(1) RSJ 778 and Surjit Singh vs. the Secretary to the Govt. of India, Ministry of Defence and others, 1994(4) RSJ 385. Accordingly the learned Single Judge has set aside the order dated 31.1.1997 (Annexure P- 6) passed by the respondents /appellant. LPA No. 1758 of 2010 (O&M) -2- It is pertinent to notice that the petitioner was brought before the Invaliding Medical Board which recommended that the petitioner be invalided out of the Army due to the disease Anxiety and Sexual Inadequancy in the Permanent Low Medical Category BEE with 30% disability. Accordingly, he was invalided out of Army service on 30.4.1996. His claim for disability pension was rejected by the appellants on 31.1.1997, which is stated to be covered by the two Division Bench judgments. Having heard the learned counsel for the appellant, we are of the considered view that once the issue is covered by the two Division Bench judgments of this Court, there is hardly any basis for us to admit the appeal. The learned counsel for the appellant has not been able to point out any distinguishing feature between the judgment of the Division and those of the case in hand. Therefore, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE 20.12.2010 (RITU BAHRI) 'sp' JUDGE