CWP No. 10384 of 2007 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 10384 of 2007 Date of Decision: 12.2.2008 No. 4193782 Ex. Rect. Rohtash Kumar ......Petitioner Versus Union of India and others .....Respondents Coram: Hon'ble Mr. Justice Hemant Gupta. Present: Shri R.A. Sheoran, Advocate, for the petitioner. Ms. Ranjana Shahi, Advocate, for the respondents. HEMANT GUPTA, J. The petitioner has claimed disability pension consisting of disability element and service element with effect from 21.2.2000 after quashing the impugned orders 19.4.2001, 28.11.2002, 22.1.2007 and 5.3.2007. In reply to the claim of the petitioner, it has been pointed out that the petitioner suffered generalise seizure i.e. `CNS (INV) SEIZURE (345)' and he was invalidated out of service after 8 months of enrolment. It has been pointed out that such disease could not be detected at the time of enrolment of the petitioner and that it was a constitutional disorder. It is the admitted fact that the petitioner was enrolled on 16.7.1999 and was admitted in Military Hospital, Ranikhet on 26.10.1999. It was on 20.2.2000 that the petitioner was invalidated out of service on account of the aforesaid disability, which was assessed at 19%. Learned counsel for the petitioner relies upon Regulation 143 of the Defence Services Regulations (Regulations for the Army) Revised CWP No. 10384 of 2007 (2) Edition 1987, to contend that he is now free from disability, therefore, he is entitled to be re-enrolled after re-examination by the Medical Board. However, we find that the petitioner has not applied for re- enrolment in the Army, in terms of Regulation 143 of the aforesaid Regulations. Therefore, we dispose of the present writ petition with liberty to the petitioner to apply for re-enrolment in terms of Regulation 143 of the aforesaid Regulations and if such application is made, the respondents shall consider the same in accordance with law expeditiously. With the aforesaid directions, the present writ petition stands disposed of. (HEMANT GUPTA) JUDGE (MOHINDER PAL) JUDGE 12-02-2008 ds