LPA No. 748 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 748 of 2010 Date of Decision 09.07.2010 Union of India and others -----Appellants Versus Ex. NK Sarabjit Singh ---Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Ms. Renu Bala Sharma, Advocate for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. This is an appeal filed under Clause X of the Letters Patent against the judgment dated 29.10.2009 rendered in C.W.P. No. 16503 of 2003 by which learned Single Judge has granted relief to the petitioner-respondent. The writ petitioner-respondent has sought direction to the appellant to grant him disability pension w.e.f. 22.04.2006 with consequential relief by way of arrears along with interest. The learned Single Judge by placing reliance on a Division Bench judgment of this Court rendered in C.W.P. No. 10451 of 2007 decided on 27.03.2008 (Ex Sepoy Bhola Ram v. Union of India and others) (Annexure P-9). In that case also, the question of disability LPA No. 748 of 2010 -2- on account of Acute and Transient Psychotic Disorder was found to be the basis of discharge. The Learned Single Judge by placing reliance on the Division Bench judgment has granted same relief to the writ petitioner-respondent after recording factual and legal position, which was not in dispute. It was in fact conceded before the learned Single Judge that the matter was squarely covered by the Division Bench judgment in Ex Sepoy Bhola Ram's case (supra). After hearing learned counsel for the petitioner, we do not find any merit in the appeal. Firstly, order is based on concession that the matter was covered by the Division Bench judgment in Ex Sepoy Bhola Ram's case (supra). Moreover, even in the appeal, nothing has been pointed out to show any distinguishable feature between the facts of Ex Sepoy Bhola Ram's case and those of present case. The appeal is wholly without merit and does not warrant admission. Accordingly, the same is dismissed. (M.M. KUMAR) JUDGE (A.N. JINDAL) JUDGE July 9, 2010 Atul