IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.969 of 2009(O&M) Date of decision: 28.10.2009 Union of India and others. -----Appellants Vs. No.1249309 Gnr. Dvr. (MT) Gurnam Singh. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Gurpreet Singh, Advocate for the appellants. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, restoring the disability pension which had been earlier granted to the respondent but had been withdrawn. 2. The respondent served Indian Army from 1969 to 1972 when he was discharged on medical ground. He was given disability pension which was stopped on 20.8.1974 on the ground that his disability had come down below 20%. The respondent, however, represented that at least service element i.e. pension had to be continued, as held by Division Bench of this Court in C.W.P. No.12311 of 1996 Amarjit Singh v. Union of India and others decided on 27.2.1997, against which Special Leave LPA No.969 of 2009 Petition was dismissed by the Hon’ble Supreme Court and which judgment was followed in number of cases. The respondent filed writ petition with the said grievance, which has been allowed, following the said judgment of this Court in Amarjit Singh (supra). 3. Learned counsel for the appellant is unable to distinguish the applicability of judgment in Amarjit Singh (supra). He, however, submitted that there was long delay in filing of the writ petition. The pension was withdrawn in the year 1974 but the writ petition was filed in the year 1993 and in this situation, benefits should have been restricted to three years before filing of the writ petition. He relies on judgment of the Hon’ble Supreme Court in Union of India and others v. Tarsem Singh (2008) 8 SCC 648. 4. We would have appreciated this submission, but for the fact that the amount is insignificant and the matter being covered by earlier judgment of this Court in Amarjit Singh (supra), we do not find any ground to interfere with the view taken by learned Single Judge on these peculiar facts, when pension had been earlier granted and was withdrawn in violation of law laid down. 5. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE October 28, 2009 ( GURDEV SINGH ) 2 LPA No.969 of 2009 ashwani JUDGE 3