CWP No. 10075 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 10075 of 2007 Date of decision: September 23, 2008 Ex. GNR Shri Bhagan --- Petitioner Versus Union of India and others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. RS Panghal, Advocate, for the petitioner Mr. RK Chugh, Central Govt. Standing Counsel for UOI-respondents. Ashutosh Mohunta, J. The petitioner was enrolled in the Indian Army on 2-7-1983. He was invalidated out from service on 4.3.1988 on medical grounds and was granted disability pension as he was suffering from colle's fracture and neurosis. The disability of the petitioner was re-assessed on 4.2.1991 and the same was found to be below 20%. Another re-survey medical board was constituted which also re-assessed the disability of the petitioner again below 20%. Grievance of the petitioner is that he is suffering from two disabilities, which have not been considered by the medical boards. Reply has been filed on behalf of the respondents, wherein it has been averred that the petitioner was got re-surveyed by the Medical Board on 4.10.1990, which assessed the disability below 20%. In 1996, the duly constituted re-survey medical board assessed his disablement less than 20% for ten years i.e. 11-14%. CWP No. 10075 of 2007 2 The last medical board was held on 29-9-2006, wherein again the disability of the petitioner was assessed to be 11-14%. In view of the assessment of the disability of the petitioner by the re-survey medical boards, it is clear that the same was less than 20%. Hence the petitioner is not entitled to claim any disability pension. Accordingly the writ petition is dismissed. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge September 23, 2008 `ask'