IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc.No.5765-66 of 2011 & Civil Writ Petition No.19262 of 2008 Date of Decision: August 16, 2011 Madan Gopal ...Petitioner Versus Union of India & others ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Bhim Sen Sehgal, Advocate, for the petitioner. ***** RANJIT SINGH, J. This writ petition was filed by the petitioner seeking direction commanding the respondents to compute the disability element of the pension in respect of the petitioner to 50% minimum instead of 20% as provided in accordance with the Government of India, Ministry of Defence letter dated 31.1.2001 and to grant all the consequential relief by way of arrears w.e.f. 1.1.1996 onward along with interest and exemplary damages. The writ petition was adjourned sine-die to await the decision of the Hon'ble Supreme Court in SLP No.9713 of 2007 as the issue was under consideration before the Hon'ble Supreme Court in the Special Leave Petition. This writ petition was listed before a Division Bench and was adjourned sine-die to await the decision of the SLP noted above. Application has now been filed to place on record the judgment passed by the Hon'ble Supreme Court in Civil Appeal No.5591 of 2006 (K.J.S.Buttar Vs. Union of India and Anr.), Civil Writ Petition No.19262 of 2008 : 2 : decided on 31.3.2011. The Hon'ble Supreme Court has allowed the SLP and has held that appellant therein is entitled to grant of War Injury Pension w.e.f. 1.1.1996. It is further held that the element of the disability pension shall be computed as 75% instead of 50% and the appellant would be granted arrears w.e.f. 1.1.1996 with interest @ 8% per annum. Notice of the writ petition as well as the application to the non-applicants/Union of India. Ms.Geeta Singhwal, Advocate, who is present in Court accepts notice on behalf of Union of India. The factual position, as noted above, is not disputed by the counsel for the Union of India. With the concurrence of the parties, writ petition is taken up for final disposal. In view of the settled position of law by the Hon'ble Supreme Court in Civil Appeal No.5591 of 2006 (K.J.S.Buttar Vs. Union of India and Anr.), decided on 31.3.2011 (copy of which is now placed on record as Annexure P-1), deserves to be allowed. The writ petition is accordingly allowed in the same terms. August 16, 2011 ( RANJIT SINGH ) ramesh JUDGE