IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1331 of 2009(O&M) Date of decision: 02.12.2009 Union of India and others. -----Appellants Vs. No.14348768F Ex.Gnr. Maghar Singh. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mrs. Renu Bala Sharma, Advocate for the appellants. Mr. Rajeev Anand, Advocate for respondent/caveator. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, directing giving of disability pension to the respondent to the extent of 40% w.e.f 1.1.1988 with interest @ 9% per annum. 2. The respondent was employed in Army on 6.6.1980. At the time of recruitment, he was found medically fit. After 4½ years of service, due to disturbed situation in Punjab and stress of Army service, the respondent was hospitalised for treatment of psychosis. Because of his medical condition, he was LPA No.1331 of 2009 recommended for discharge from Army. Accordingly, he was discharged from Army on 14.3.1985. He was found to have suffered 40% disability, as per opinion of the Medical Board. He sought disability pension but the same was not granted. Finally, on 17.3.1994, he was informed that as his disease was not attributable or aggravated by Military service, he was not entitled to disability pension. He filed writ petition in this Court in the year 1994. 3. Learned Single Judge upheld his claim, relying on earlier Division Bench judgments of this Court in Balbir Kaur v. Union of India and others C.W.P. No.18188 of 2002, Ex-Naik Mohan Singh v. Union of India through Secretary, Ministry of Defence, New Delhi and others 2008(2) SCT 165 and Ex. Sepoy Bhola Ram v. Union of India and others 2008(2) SCT 380. It was held that since the respondent was medically fit at the time of recruitment, the disease suffered was clearly attributable to Army service. 4. We have heard learned counsel for the parties and perused the record. 5. It has not been disputed that at the time of recruitment, in the year 1980, the respondent was perfectly fit and he served for 4½ years and suffered mental disease, which was clearly attributable to working in the Army, under strenuous conditions. In such circumstances, the view taken by learned Single Judge that the disease could be held to be attributable to 2 LPA No.1331 of 2009 Army service, cannot be held to be erroneous so as to call for interference by this Court. The same view has been earlier taken by Division Bench of this Court in orders dated 12.10.2009 in L.P.A. No.916 of 2009 Union of India & others. v. IC-35205-N Major Maninderjit Singh Pabla (Retd.) and 13.10.2009 in L.P.A. No.1007 of 2009 Union of India & others v. No.10515332 F Ex-Sepoy Pawittar Singh. 6. Last submission made by learned counsel for the appellants is that the cause of action accrued to the respondent in the year 1985 when his claim for disability was rejected and in such a situation, even if delay in filing the writ petition is to be ignored, the benefit of judgment should be restricted to a period of three years prior to filing of the writ petition as held in IC- 35205-N Major Maninderjit Singh Pabla (Retd.) (supra). 7. Learned counsel for the respondent-caveator is unable to dispute this legal proposition. 8. Accordingly, this appeal is partly allowed. While affirming direction in the impugned judgment, we direct that the benefit of direction will be confined to three years prior to filing of the writ petition. (ADARSH KUMAR GOEL) JUDGE December 02, 2009 ( GURDEV SINGH ) ashwani JUDGE 3