IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 23.5.2011 (i) LPA No. 279 of 2007 (O&M) Union of India and ors …..Petitioners vs. Harbans Singh ....Respondent (ii) LPA No. 78 of 2007 (O&M) Union of India and ors …..Petitioners vs. Nirmal Singh …..Respondent (iii) LPA No. 174 of 2007 (O&M) Union of India and ors …..Petitioners vs. Baljinder Singh ….. Respondent (iv) LPA No. 173 of 2007 (O&M) Union of India and ors …..Petitioners vs. Major Gobind Bakshish Singh Legha ….. Respondent (v) LPA No. 175 of 2007 (O&M) LPA No 279 of 2007 Union of India and ors …..Petitioners vs. Amarjit Singh …..Respondent (vi) LPA No. 176 of 2007 (O&M) Union of India and ors …..Petitioners vs. Baldev Singh …..Respondent CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL Present: - Ms. Ranu Bala Sharma, Advocate for the petitioners. Mr. Bhim Sen Sehgal, Advocate for respondent. HEMANT GUPTA, J CM No. 1943 of 2011 Application is allowed. Filing of certified copies of the judgment is dispensed with. The same is taken on record. LPA No. 279 of 2007 This order shall dispose of LPA Nos. 279, 78, 173, 174, 175 and 176 of 2007 arising out of an order passed by learned Single Judge of this Court on 1.12.2006, whereby the writ petitions filed by respondents, for rounding of Disability Element of Pension, was allowed, even though, the respondents have retired prior to 1.1.1996. 2 LPA No 279 of 2007 The issue whether a person who has retired prior to 1.1.1996 is entitled to liberalized Disability Pension has been decided by Hon’ble the Supreme Court in Civil Appeal No. 5591 of 2006 titled as K.J.S. Bhuttar vs. Union of Indian and Another decided on 31.3.2011. It has been held: - 11. In our opinion, the restriction of the benefit to only officers who were invalided out of service after 1.1.1996 is violative of Article 14 of the Constitution and is hence illegal. We are fortified by the view as taken by the decision of this Court in Union of India and Anr vs. Deoki Nandan Aggarwal 1992 Suppl.(1)SCC 323, where it was held that the benefit of the Amending Act 38 of 1986 cannot be restricted only to those High Court Judges who retired after 1986. 19. As a result this appeal is allowed and we hold that the appellant is entitled to grant of War Injury Pension w.e.f. 1.1.1996. The disability element of Disability Pension shall be commuted as 75% instead of 50% and the appellant will be granted arrears w.e.f. 1.1.1996 within an interest of 8% per annum. He will also be granted 10 years’ commission service and interest as granted in Union of India & Anr. vs. C.S. Sidhu 2010 (4) SCC 563 from the date of his release. The impugned judgment is set aside. In view of the said judgment, no other issue arises for consideration. The present appeals are dismissed with no order as to costs. (HEMANT GUPTA) JUDGE 23.5.2011 (A.N.JINDAL) preeti JUDGE 3 LPA No 279 of 2007 4