IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.9882 of 2008 Date of Decision: February 05, 2009 Nafe Singh .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajeev Anand, Advocate, for the petitioner. Ms. Amarpreet Sandhu, Central Government Standing Counsel, for the respondents. . . . AJAI LAMBA, J (Oral) This civil writ petition under Article 226/227 of the Constitution of India prays for issuance of a writ in the nature of certiorari quashing Paragraph 8.2 of Ministry of Defence letter dated 31.1.2001 (Annexure P-3) being arbitrary and in contravention of accepted recommendations of the 5th Pay Commission as well as Regulation 179 of the Pension Regulations for the Army, 1961 and Rule 4 of Entitlement Rules of Casualty Pensionary Awards, 1982. Further prayer has been made that the respondents be directed to release the disability element of pension to the petitioner @ 50% instead of 20% as provided in Para 7.2 of the Ministry of Defence letter dated 31.1.2001 alongwith arrears and interest. CWP No.9882 of 2008 [2] So as to develop the case, learned counsel for the petitioner has pointed out that the petitioner was enrolled in the Indian Army, Corps of Signals on 10.4.1971. The petitioner was found medically fit as prescribed by military physical standards. The petitioner got promotion upto the rank of Subedar Major. The petitioner was granted Honorary Commission as Lieutenant. In the year 2002, in the 31st year of service of the petitioner while serving in 3 Corps Engineers Signal Regiment, the petitioner was detected as a case of NIDDM (Non Insulin Dependent Diabetes Mellitus). Accordingly, medical category of the petitioner was down graded by the Medical Board. In due course of time, the petitioner was due for his discharge and after serving 32 years on completion of term of engagement on 31.8.2003, the petitioner was transferred to pension establishment and was “struck off strength” w.e.f. 1.9.2003 in Permanent Low Medical Category with invaliding disease NIDDM. It has been asserted by the learned counsel for the petitioner that after discharge of the petitioner from service in Permanent Low Medical Category, the petitioner was entitled to disability element of pension also as the disability is attributable to military service as per the report of the release Medical Board. The claim of the petitioner for disability pension was however rejected by the Accounts Branch. The petitioner approached the Delhi High Court by way of Civil Writ Petition No.14137 of 2006 which was allowed on 11.1.2007. Resultantly, disability pension was released to the petitioner. CWP No.9882 of 2008 [3] Contention of the learned counsel for the petitioner is that the case of the petitioner is covered by the Division Bench judgment of this Court rendered in Paramjit Singh vs. Union of India through Secretary, Ministry of Defence, New Delhi & Others, 2008(2) SCT 210. Since the petitioner has earlier approached the Delhi High Court for his claim for disability pension, learned counsel for the petitioner prays for withdrawal of the petition to enable the petitioner to file a case before the Delhi High Court. Dismissed as withdrawn. Learned counsel for the petitioner also prays for liberty to approach the Department by way of filing a representation in view of the judgment of Division Bench. If so advised, the petitioner may file a representation. (AJAI LAMBA) February 05, 2009 JUDGE avin