IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1255 of 2010 (O&M) Date of decision : 10.11.2010 Union of India and others … Appellants Versus Ex.Sigmn Gurnam Singh …Respondent Coram: Hon’ble Mr.Justice M.M.Kumar Hon’ble Ms.Justice Ritu Bahri Present: Ms. Renu Bala Sharma, Advocate for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.Kumar, J. The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 7.10.2009 which has been preferred by Union of India. Learned Single Judge while accepting the opinion of the Invalidiating Medical Board in the Military Hospital, Delhi which has opined that the petitioner was suffering from 40% disability due to the disease “Macular Choroiditid RT Eye” which eventually led to his discharge on 31.1.1976, has quashed the impugned order. The respondent-petitioner had rendered 07 years 143 days total service. His claim for disability pension was rejected vide order dated 8.7.1976 on the ground that disability was neither attributable to nor aggravated by military service. Learned Single Judge has also recorded the concession given by the counsel that the issue was covered by the judgment of this Court, rendered in the case of Ex.Sepy Surjit Singh v. Union of India and others (CWP No.13871 of 1994 decided on 9.1.1996). LPA No.1255 of 2010 (O&M) In pursuance of the direction issued on 27.9.2010, a photocopy of the opinion expressed by the Medical Board has been produced before us. According to column No.1, the writ petitioner-respondent did not suffer from any disability before entering into the service. Under Column No.2, the disability has been named as “Macular Choroiditid RT Eye RT Eye”. Under Column No.‘D’, the Medical Board has recorded that the writ petitioner- respondent sustained injury on the right eye in May, 1971 while he was on annual leave which appears to be basis for conclusion that it was not attributable to nor aggravated by military service. A copy of the opinion expressed by the Medical Board is taken on record, marked as ‘A’. The aforesaid factual position was also present in the case of Ex.Spy Surjit Singh (supra). It is also well settled that when an Army man is on leave and he sustained injury, it cannot be divorced from the military service. The view taken by the learned Single Judge is unexceptionable and moreover, it is based on the consent accorded by the learned counsel for the appellant. There is thus, no merit in the appeal and the same is accordingly dismissed. (M.M.Kumar ) Judge (Ritu Bahri) Judge 10.11.2010 sd 2