CWP No.16927 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.16927 of 2008 Date of decision: 24.9.2008 Balak Ram ..Petitioner Versus Union of India and another ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Kuldip Sanwal, Advocate, for the petitioner. Ashutosh Mohunta, J. (oral) The petitioner has prayed for quashing the order dated 4.11.2006 (Annexure P-3), vide which his claim with regard to the grant of disability pension has been rejected. The petitioner was enrolled in the Army on 27th November, 1965. He was discharged in pursuance to the orders, passed by the Medical Board on 11th November, 1975 after having rendered service of 09 years and 350 days. The petitioner filed an application for grant of disability pension on 5th April, 2006 and the same has been rejected vide order dated 4th November, 2006 (Annexure P-3) on the ground that the petitioner is suffering from “EPILEPSY GRANDAL' which is neither considered attributable to nor aggravated by Military Service. Prior to his filing the representation, the petitioner had also filed a suit for declaration in the Court of Additional Civil Judge (Senior Division), Samana which was dismissed U/O 9 Rule 8 CPC vide order CWP No.16927 of 2008 2 dated 15th January, 2002. A perusal of the aforementioned facts shows that firstly the petitioner had filed a civil suit claiming the same relief, which was dismissed and that order has become final as the petitioner did not file any appeal etc. against the order (Annexure P-2). Apart from this, the petitioner has filed this writ petition after an inordinate delay of about 30 years from the date of his discharge and his disease i.e. 'EPILEPSY GRANDAL' has not been found attributable to military service by the Military authorities. Resultantly, we find no merit in this writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE September 24, 2008 'rajpal'