C.W.P No. 9570 of 2008 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 9570 of 2008 (O & M) Decided On : 05.10.2009 Ashwani Sharma ...Petitioner versus Union of India and others ...Respondents CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Bhim Sen Sehgal, Advocate, for the petitioner. Ms. Geeta Singhwal, Advocate, for the respondents. HEMANT GUPTA, J. (ORAL) The petitioner has sought disability pension on account of his invalidation from army service from 01.08.2001. It is asserted by the petitioner that he was enrolled with Indian Army on 12.08.1995 after he was found medically fit. Subsequently, he was inducted into regular army as well. In pursuance of report of Re-categorization Medical Board, the petitioner was put in lower medical category CEE (P) w.e.f 06.11.1998. As per the report, he was suffering from Generalized C.W.P No. 9570 of 2008 (O & M) -2- Seizure. In the year 1999, he was posted to the Akhnoor Sector (J & K) on High Attitude in field areas against the report of the Medical Board. The Invaliding Medical Board recommended the invalidation of the petitioner in the lower medical category CEE (P) with 20% disability. Consequent thereto, he was invalidated out of service w.e.f 01.08.2001, after rendering total service of 5 years 10 months and 12 days. The claim of the petitioner for disability pension was rejected on the ground that the invalidation out of service was not attributable or aggravated by military service. Learned counsel for the appellant has relied upon a Division Bench judgment of this Court titled as, “Union of India and ors. vs. Ex. Sepoy Ranjit Singh in L.P.A No. 547 of 2001 Decided On 11.02.2009, wherein on account of invalidation on account of Generalized Seizure was found to be attributable or aggravated by military service. Consequently, disabled army person was found entitled to disability pension. Learned counsel for the respondent could not dispute that the issue raised in the present case is covered by the judgment of this Court in L.P.A No. 547 of 2001 (supra). In view of the above, the present petition is allowed. It is held that the disability of the petitioner was attributable to military service and he is entitled to disability pension from the date of discharge from the military service in terms of report of the Medical Board. C.W.P No. 9570 of 2008 (O & M) -3- The respondents are directed to pay the arrears of disability pension, as expeditiously as possible, preferably within a period of three months from the date of receipt of certified copy of this order. The petition stands disposed of. OCTOBER 05, 2009 (HEMANT GUPTA) shalini JUDGE