IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5380 of 2009 Date of Decision: 31.7.2009. Naib Subedar Surinder Kumar --Petitioner Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Naresh Ghai, Advocate for the petitioner. Ms. Geeta Singhwal, Advocate for the respondents. *** PERMOD KOHLI.J (ORAL) It is admitted case of the parties that the issue involved in the present petition is covered by a judgement of the Hon'ble Supreme Court, passed in Civil Appeal No. 6587 of 2008 titled as Union of India & others Vs. Rajpal Singh, followed by a Division Bench of this Court in CWP No. 17911 of 2007 decided on 11.12.2008, wherein following observations have been made:- “ In view of the above, it is held that the discharge of the petitioner was not in accordance with the prescribed procedure. Accordingly, we all all these writ petitions, set aside the discharge of the petitioners and direct the respondents to re-instate the petitioners in service with all consequential benefits. The respondents are, however, not precluded from holding the Invaliding Medical Boards after such joining in accordance with law as per the Army Act, 1950, The Army Rules, 1954 and Army Instructions.” CWP. No. 5380 of 2009 -2- The petitioner shall be entitled to the same relief as granted in the aforesaid petition. Disposed of as such. (PERMOD KOHLI) JUDGE 31.7.2009 lucky