CWP No.10521 of 2007 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 16.09.2009 No.4448010 Ex.Nk Surjit 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 petitioners. Ms.Ranjana Shahi, Advocate, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner joined the Army on 26.12.1967 after having found medically fit. He successfully completed the training in December, 1968. The petitioenr suffered from the disease of “Semi Branosisbhrshis with (ii) Osted Arthritis (lt.knee) and was invalidated out of service on the medical grounds on 26.7.1986. The petitioner was granted pension at the rate of 20% composite disability for two years period. The Medical Board has reduced the disability of the petitioner from 20% to 11 to 14%. It is this order which has been challenged by the petitioner in this writ petition. The claim of the petitioner for rounding up of the pension at 50% is abondoned. 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 Service No.1417529 Ex- Recruit Jagjit Singh Vs. Union of India and others, (CWP No.1687 of 2002) decided on 31.05.2006, wherein the following directions/observation have CWP No.10521 of 2007 -2- been made:- “ In view of the above, both the writ petitions are allowed. A direction is issued to the respondents to assess the disability pension of the petitioner in each case by keeping in view that they had suffered 20% disability for life, which is referable to service, with effect from the dates of their disability pension has been discontinued. It shall include both disability element and service element of pension. However, the arrears are confined to 38 months preceding the date of filing of the petitions, which are 24.01.2002 (CWP No.1687 of 2002) and 29.01.2002 (CWP No.1906 of 2002). The arrears shall be paid within a period of two months from today. The petitioners in both the cases shall continue to get the disability pension for life.” The aforesaid observations are fully applicable to the facts and circumstances of the present case. The petitioner shall be entitled to the same relief. Petition stands allowed. 16.09.2009 (PERMOD KOHLI) BLS JUDGE