LPA No. 1576 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1576 of 2010 (O&M) Date of Decision 19.11.2010 Union of India & others -----Appellants Versus IC-38567-A Colonel (Retired) Sahdev Singh Baj ---Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Ms. Anjali Kukar, Advocate for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 06.11.2009 rendered by the learned Single Judge holding that the disease of Coronary Artery, which was assessed at 40% as also Hypertension, which was assessed at 30% was attributable to and aggravated by military service. The learned Single Judge has passed an agreed order on the basis of a Division Bench judgment of this Court rendered in the case of Union of India and others v. Ex. Sepoy Ranjit Singh (LPA No. 547 of 2001 decided on 11.02.2009). 2 Having heard the learned counsel for the appellants, we are of the considered view that once it has been conceded before LPA No. 1576 of 2010 (O&M) -2- the learned Single Judge that the matter is covered by a Division Bench judgment in Ex. Sepoy Ranjit Singh's case (supra), it is not open to the appellants to take any contrary stand in the appeal. There is, thus, no merit in the appeal. 3. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) JUDGE November 19, 2010 Atul