CWP No.10168 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 22.09.2009 IC-40527 X Col. Arwanjeet Singh Bajwa (Retd.) ... Petitioners Versus Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Navdeep Singh,Advocate,for the petitioner. Ms.Geeta Singhwal, Advocate,for the respondents. PERMOD KOHLI, J. (Oral): The petitioner was commissioned in the Indian Army on 12.6.1982 in Medical category SAHPE-1. The petitioner contracts 3 disabilities which were declared as attributable to/aggravated by military service and the same were assessed at 40%. The petitioner applied for voluntary retirement on completion of 20 years of service. He was released from the Army in permanentl low medical category on compassionate grounds with 40 per cent disability duly endorsed as aggravated by service. The petitioner represented for disability pension which was declined on the ground that Rules prohibit the grant of disability pension to voluntary retirees. It is under these circumstances, the petitioner has filed the present writ petition claiming disability pension. The controversy involved in the present writ petition is squarely covered by a judgment of this Court in the case of Lt.Col. Gyanendra Dutt Misra Vs. Union of India and others, (CWP No. 7877 of CWP No.10168 of 2009 : 2 : 2009) decided on 28.08.2009, wherein the following observations/directions have been made:- “ In view of the above, the writ petition is allowed. The respondents are directed to grant disability pension to the petitioner on the basis of assessment of 20% disability for life. The respondents shall pay all the arrears to the petitioners within 2 months from the date of receipt of a copy of the judgment, failing which the petitioner would be entitled to interest at the rate of 9% on the amount of arrears.” The aforesaid observations/directions are fully applicable to the facts of the present case. The petitioner is held entitled to the same relief. However, the arrears are restricted to three years preceding the filing of the writ petition. Petition disposed of. 22.09.2009. (PERMOD KOHLI) BLS JUDGE