CWP No. 7158 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 7158 of 2011 Date of decision November 7, 2011 Barinder Singh, Ex-Havaladar ....... Petitioner Versus State of Haryana and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Gaurav Mohunta, Advocate for the petitioner. Ms. Kirti Singh, DAG., Haryana for the respondents. **** K. Kannan, J (oral). 1. The claim concession for ticket in government bus service by an ex-serviceman who has a disability of 25% is refused on the ground that the disability arose after his discharge from the army service and it was not contracted during his service. Learned counsel appearing for the petitioner refers to the instructions issued by the State to the Transport Commissioner which reads as follows:- “Sanction is hereby accorded to the grant of Free Travel facility in Haryana Roadways ordinary buses to disabled ex-servicemen of Haryana State who are 25% disabled on the basis of an identification issued by Haryana Rajya Sanik Board. This facility is provided in the jurisdiction of Haryana State. These instructions may kindly be brought to the notice of all concerned immediately.” 2. Counsel for the State says that there were further instructions which are as follows more or less the same. CWP No. 7158 of 2011 2 “The matter has been discussed with the State Transport Commissioner by the Secretary Rajya Sainik Board. The State Transport Commissioner has informed the Secretary Rajya Sainik Board that free travel facility has been provided to all disabled ex-servicemen of Haryana State who are 25% disabled or above in Haryana Roadways Buses. Hence you are requested to issue I card to all disabled ex-servicemen whose disability is 25% and above to avail this facility. “ The above terms are as what is relied on by the petitioner. Learned counsel for the respondent says that the disability must have been contracted during the services in the army and any ex-serviceman who suffers a disability subsequently cannot avail to such a benefit. I do not read from the circular any such restrictive meaning. If the policy of the State is to acknowledge that the ex-serviceman belong to a different category who on account of service for security of the country will have to be provided with certain privileges in public transport, than an interpretation that would be expansive shall have to be adopted. I will take the disability of an ex-service man as such disability that occurs at whatever time, so long as he was an ex-service man and he makes a claim for concession, I cannot read the instructions to mean, in the absence of specific words, that the disability must be only such disability contracted during service. The writ petition is allowed and the respondent is mandated by this order to issue concessional bus pass as required by him. (K. KANNAN) JUDGE November 7, 2011 archana