IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.4256 of 2009 Date of Decision: March 19, 2009 Rajender Vashisht .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajeev Anand, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This civil writ petition filed under Article 226/227 of the Constitution of India prays for issuance of a writ in the nature of mandamus directing the respondents to consider and process the case of the petitioner to be treated as battle casualty for the injury sustained in operational area in Jammu & Kashmir. Learned counsel, while developing his case, has pointed out that the petitioner is a retired Havildar. He was performing his duties in Jammu & Kashmir in the year 2003 and while on operational duty, in night ambush, accidentally he fell from slope of a hill and got injured. Medical condition deteriorated and therefore, the petitioner CWP No.4256 of 2009 [2] was posted out to another Unit from where he came to Army Headquarters. Numbness developed in the hands and legs of the petitioner. The petitioner remained under treatment in Base Hospital for over two months and was placed in low medical classification. The petitioner’s disability was diagnosed as ‘Spondylolisthesis L5/S 1’ which, in the perception of the petitioner, has direct nexus with the injury received in Jammu & Kashmir, as referred to above. The petitioner was invalided out on medical ground on 1.5.2005. The petitioner has made numerous representations which have been placed as Annexure P-3 dated 17.8.2004. The representation was made as the injury suffered by the petitioner was being treated on account of accidental reasons and not on operational duties. Be that as it may, after discharge also, the petitioner made a number of representations viz. on 2.4.2006, 28.2.2007, 22.9.2007, 14.8.2008 and 12.11.2008. Respondents have been asking for documents to process the case which have also been supplied from time to time, however, no action has been taken. It has been pleaded that the petitioner is a battle casualty as mentioned in artillery record instructions and Army order, and the petitioner accordingly is entitled to special grants and special pension that is War Injury Pension under Government letter dated 31.1.2001. the CWP No.4256 of 2009 [3] petitioner, however, is being given ordinary disability pension whereas the petitioner is entitled to War Injury Pension. The petition is disposed of, in view of the facts and circumstances of the case, with direction to respondent No.2 i.e. Chief of the Army Staff, Army Headquarters, South Block, DHQ PO, New Delhi, to deal with the representations of the petitioner namely Annexure P-6 dated 28.2.2007, P-8 dated 22.9.2007, and take decision thereon within four months of receipt of certified copy of this order. Reasoned and speaking order would be passed while dealing with the representations. (AJAI LAMBA) March 19, 2009 JUDGE avin