CWP No.14255 of 2009 : 1 : In the High Court of Punjab and Haryana at Chanidgarh Date of decision: 14.09.2009 No.4467254 W Ex TS (Naik) Harminder Singh ... Petitioner Versus Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.BS Sehgal and Rajesh Sehgal, Advocates, for the petitioner. Mr.SK Sharma, Advocate,for the respondents. PERMOD KOHLI, J. (Oral): Notice of motion. On the asking of the Court, Mr.SK Sharma, Advocate, accepts notice on behalf of the respondents. The petitioner joined Army Service on 01.10.1986. At the time of joining army service he was medically fit. He was promoted to the rank of Naik. On 01.10.2003, the petitioner was invalided out of the army service under the Permanent Lower Medical Category BEE for the disability known as “Affective Psychosis”. His disability was assessed at 20 per cent for life. The disability is aggravated by the stress and strains of the military service. The respondents have rejected the disability element of pension claim of the petitioner holding that disability from which the petitioner is suffered is neither attributable nor aggravated by military service. The petitioner, thereafter, on 04.09.2008 filed an appeal against the rejection of disability pension claim. Letters dated 24.09.2008 and 05.12.2008 were CWP No.14255 of 2009 : 2 : received by the petitioner whereby he was asked to submit an undertaking that he will hot claim the arrears of pension for the interim period. The petitioner is claiming disability element of pension for 50% disability suffered by him during active service from the date of invalidation i.e. 01.10.2003 along with arrears, interest and damages for harassment caused to him. It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by a decision of this Court in the case of Ex.Recruit Jagjit Singh Vs. Union of India and others , (CWP No. 1687 of 2002) decided on 31.05.2006, wherein the following observations/directions have been issued:- “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 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 cases shall continue CWP No.14255 of 2009 : 3 : to get the disability pension for life.” The above observations/directions are fully applicable in the facts and circumstances of the present case. The petitioner is entitled to the relief indicated above. However, arrears are restricted to three years prior to the filing of the writ petition. Petitions stands allowed. 14.09.2009 (PERMOD KOHLI) BLS JUDGE