IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 16503 of 2009 Date of Decision: 29.10.2009. Sarabjit Singh --Petitioner Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Rajesh Sehgal, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Geeta Singhwal, Central Govt. standing counsel, who is present in the Court accepts notice on behalf of the Assistant Solicitor General for respondents. It is not in dispute that the issue involved in the present writ petition is squarely covered by a Division Bench judgement of this Court passed in CWP No. 10451 of 2007 on 27.3.2008, wherein following observations have been made:- “ For the aforesaid reasons, this writ petition is allowed and the petitioner is held entitled to 20% disability pension on account of the disease “Unspecified Psychosis” suffered by him during Army service. He has already been granted 20% disability pension for the disease “Cervical Spondylosis”. However, the petitioner having been discharged from D.S.C on February 28, 2002 because of the diseases “Cervical Spondylosis” and “Unspecified Psychosis”, in view of the letter dated February 03, 2000 issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners' Welfare, New CWP. No. 16503 of 2009 -2- Delhi, whereby in case of percentage of disability assessed at less than 50 %, the percentage for computation of disability pension is to be reckoned as 50 %, the petitioner is held entitled to disability pension at the rate of 50 %. This pension, with all consequential benefits, will be paid to him from the date of his retirement. The respondents shall pay all the arrears to the petitioner within two months from the date of receipt of a copy of this order, failing which the petitioner will be entitled to interest at the rate of nine per cent annum.” Accordingly, present writ petition is disposed of in terms of the aforesaid judgement. Petitioner shall also be entitled to the same relief. However, the payment of arrears shall be restricted to three years preceding to the filing of the writ petition. (PERMOD KOHLI) JUDGE 29.10.2009 lucky