LPA No. 773 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 773 of 2010 Date of Decision 15.07.2010 Union of India and others -----Appellants Versus Ex. Sep. Kulwinder Singh ---Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: None. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 24.09.2009 passed by the learned Single Judge in C.W.P. No. 9971 of 2006. The learned Single Judge has recorded categorical finding that the writ petitioner- respondents was discharged from army service on the ground that the Invalidating Medical Board recommended him to be invalidated on the ground of his lower medical category, CEE (Permanent). The stand of the appellant is that he was discharged from service on the basis of the disciplinary action, has been found to be without any substance. The learned Single Judge has found that the matter is covered by a Division Bench of this Court rendered in the case of Ex. LPA No. 773 of 2010 -2- Subedar Major (Hony Captain) Baldev Singh v. Union of India and others (C.W.P. No. 9467 of 1997) decided on 17.07.2000. Applying the ratio of the judgment, the learned Single Judge has directed the appellant to release the disability pension within a period of three months, failing which writ petitioner-respondents would become entitled to interest at the rate of 6% per annum. There is, thus, no ground to admit the appeal. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (A.N. JINDAL) JUDGE July 15, 2010 Atul