CWP No.17568 of 2009 : 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 17.11.2009 No.106619 Ex.L/Nk Naurang Singh ... Petitioner Versus Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Bhim Sen Sehgal and Mr.Rajesh Sehgal, Advocates, for the petitioner. Ms.Anjali Kukkar, Advocate,for the respondents. PERMOD KOHLI, J. The petitioner was enrolled in the Indian Army on 17.07.1941. He was medically fit and placed in medical category AYE. He served various places including Dinapur, Shillong, Lahore etc. He suferred from the diseases of :Phenumonia while in the service of the army in the year 1944-45. The petitioner was brought before the Invaliding Medical Board in the year 1946. The CDA (P) released the pension of the petitioner consisting of both the service as well as disability element for a period from 07.02.1946 to 13.04.1949. He was again brought before the Resurvey Medical Board and disability of the petitioner was assessed at 20 per cent as per the opinion of the Classified Specialist and the Medical Board, but the CDA (P) with MA (P) reduced the same to less than 20 per cent and on the basis of the same disability pension of the petitioner had been stopped. The petitioner has been making repeated representations to bring him before the Resurvey Medical Board, but to no avail. On 03.04.2007 the petitioner served a legal notice claiming the continuance of disability pension consisting of both the elements i.e. disability as well as service element. It is further stated that the there is no delay for claiming the disability pension as the right to receive pension is a recurring right and accrues every month. It is under these circumstances that the petitioner has filed the present writ petition claiming the relief mentioned above. CWP No.17568 of 2009 : 2 It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by the judgment of this Court in the case of 3330582 Ex-Sepoy Nek Singh Vs.Union of India and others, (CWP No.1717 of 1998) decided on 10.07.2000, wherein the following directions/observation have been made:- “In these circumstances, the present writ petition is hereby allowed and directions are given to the respondents to release the service element of the petitioner which shall be payable to him for life according to Rules and Regulations as revised from time to time. If the benefit of service element is not released within six months from the date of the receipt of the copy of this order, the petitioner shall be entitled to the interest at the rate of 12 percent.” The aforesaid observations are fully applicable to the facts and circumstances of the present case. However, the arrears are confined to three years prior to the date of the filing of the present writ petition. The petitioner shall be entitled to the same relief. Petition stands allowed. 17.11.2009 (PERMOD KOHLI) BLS JUDGE