CWP No.9472 of 2004 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 16.09.2009 No.2459188 Ex-Sep. Naib Singh ... Petitioner Versus Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Bhim Sen Sehgal and Mr.Rajesh Sehgal, Advocates,for the petitioner. Mr.SK Sharma, Advocate,for the respondents. PERMOD KOHLI, J. (Oral): The petitioner was enrolled in the Indian Army on 20.12.1968 after having been found medically fit in category AYE. The petitioner was sent for training which he completed successfully. The petitioner served during 1971 operation in 'OP Cactus Lily” and suffered injury on the right hand due to shelling while on active duty on 5.12.1971. The injury suffered by the petitioner falls under the War Injury which was permanent in nature. He is also unfit for the employment in civil service. He was placed in the lower medical category “BEE” by the Military Hospital, Jalandhar Cantt. On 31.03.1976, the petitioner was discharged from the service as no longer required. He made various representations to the respondents for disability pension consisting, both for service and disability element. The claim of the petitioner for pension has been rejected by the respondents. It is under these CWP No.9472 of 2004 2 circumstances the petitioner has filed the present writ petition. It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by the judgment of this Court in the case of No.44645 IP Ex.Sep. Sohan Singh Vs. Union of India and others (CWP No.13023 of 1996) decided on 14.01.1997, (Annexure P-11) wherein the following directions/observation have been made:- “ ......... The case when looked in its entirety indicates that the petitioner has not been given a fair deal by the respondents. It does not stand to reasoning that a soldier is taken before the Medical Board for being invalided out of service on 19.7.95 and on that day he is being recommended by the Company Commander for being discharged as undesirable, that too without considering the length of service and the fact that it was not a mandatory or a legal irresistible consequence that an army personnel with four red-ink entries must be discharged. The nature of the offence, length of service, hard stations, difficulties in living etc. should have been considered by the concerned authorities specially keeping in view the fact that the petitioner was adequately punished for each and every default or offence committed by him.............” CWP No.9472 of 2004 3 The aforesaid observations are fully applicable to the facts and circumstances of the present case. However, the arrears are confined to three years prior to the date of the filing of the present writ petition. The petitioner shall be entitled to the same relief. Petition stands allowed. 16.09.2009 (PERMOD KOHLI) BLS JUDGE