CWP No.10153 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision: 22.09.2009 IC-41140 Lt.Col. Mandeep Singh Dhillon (Retd.) ... Petitioner Versus Union of India and others ... Respondents. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Navdeep Singh, Advocate,for the petitioner. Ms.Geeta Singhwal, Advocate, for the respondents. -- PERMOD KOHLI, J, (Oral): The petitioner was commissioned in the Indian Army in the year 1983 in Medical Category Shape-I. During service the petitioner developed disease of “Essential Hypertension” which was declared at 30% and aggravated by stress and strain of Military Service. The petitioner sought voluntary retirement on compassionate grounds and was released in the year 2007 with normal service pension after putting in approximately 24 years of service. The petitioner is, however, not being granted disability pension due to the prohibitory operation of non-statutory Regulation 50 of Pension Regulations for the Army which came into force in 1961 which provides denial of disability pension to voluntary retirees. The Regulation aforesaid has already been held to be arbitrary and discriminatory by the Courts. As per Entitlement Rules of 1982, the petitioner is to be considered as invalided from service and early retirement should have no bearing on CWP No.10153 of 2009 : 2 : claim of disability pension. It is alleged that disability does not ceases to exist on voluntary retirement. It is under these circumstances that present writ petition has been filed by the petitioner claiming grant of disability pension as admissible to voluntary retirees. The controversy involved in the present writ petition is squarely covered by a judgment of this Court in the case of Lt.Col. Gyanendra Dutt Misra Vs. Union of India and others, (CWP No. 7877 of 2009) decided on 28.08.2009, wherein the Court relied upon the judgment passed in CWP No.19417 of 2007 wherein the following observations/directions have been made:- “ In view of the above, the writ petition is allowed. The respondents are directed to grant disability pension to the petitioner on the basis of assessment of 20% disability for life. The respondents shall pay all the arrears to the petitioners within 2 months from the date of receipt of a copy of the judgment, failing which the petitioner would be entitled to interest at the rate of 9% on the amount of arrears.” The aforesaid observations/directions are fully applicable to the facts of the present case. The petitioner is held entitled to the same relief. Petition disposed of. 22.09.2009. (PERMOD KOHLI) BLS JUDGE