IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 705 of 2011 (O&M) Date of Decision: June 1, 2011 Union of India and others ...Appellants Versus EX-GNR Surinder Singh ...Respondent CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTIC . JUSTIC . JUSTIC . JUSTICE E E E GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH Present: Mr. Sukhdeep Singh Sandhu, Central Govt. Standing Counsel, for the appellants. Mr. Bhim Sen Sehgal, Advocate, for the respondent. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. 1. The instant appeal by the Union of India and its officers under Clause X of the Letters Patent is directed against judgment dated 10.11.2009 rendered by the learned Single Judge holding that the writ petitioner-respondent is entitled to disability pension because he suffered the disease called Schizophrenic Reaction during service and finally invalidated out of army service on 2.8.1968 by the Invalidating Medical Board. Learned Single Judge has held the writ petitioner-respondent entitled to payment of arrears from the date of discharge which is stated to be 2.8.1968. 2. The only argument raised by the learned counsel for the appellants is that arrears have been awarded in respect of more than 40 years which by no stretch of imagination is permissible. L.P.A. No. 705 of 2011 (O&M) 2 According to the learned counsel the whole proceedings including the proceeding in appeal filed by the writ petition-respondent concluded in the year 1972 and he had no right to claim the disability pension by filing a writ petition in the year 2009. 3. In response to the notice of motion having been issued, Mr. Bhim Sen Sehgal, learned counsel for the writ petitioner- respondent has pointed out that while implementing the direction issued by this Court, the appellants have already paid the arrears of pension in July 2010. In support of his statement, learned counsel has placed on record a photocopy of the PPO No. D/0101/2010, which is taken on record as Mark-'A'. Learned counsel further argued that the writ petitioner-respondent is 75 years old. He further makes a categorical statement that the writ petitioner- respondent would be satisfied if his arrears are confined to three years preceding to the date of filing of the writ petition which stands already paid to him. 4. Having heard learned counsel for the parties and keeping in view the facts and circumstances of the instant case we are of the view that no legal infirmity could be found in the opinion expressed by the learned Single Judge that the disease of Schizophrenic Reaction has to be imputed to the military service. The aforesaid view is based on a Division Bench judgment rendered in the case of Union of India and Union of India and Union of India and Union of India and others others others others v. v. v. v. Ex. Sepoy Ranjit Singh Ex. Sepoy Ranjit Singh Ex. Sepoy Ranjit Singh Ex. Sepoy Ranjit Singh (LPA No. 547 of 2001, decided on 11.2.2009) (LPA No. 547 of 2001, decided on 11.2.2009) (LPA No. 547 of 2001, decided on 11.2.2009) (LPA No. 547 of 2001, decided on 11.2.2009). Before the learned Single Judge it was not even disputed that the view of the Division Bench did not apply to the facts of the present case. In regard to the payment of arrears it is suffice to observe that the writ petitioner-respondent has fairly stated through his counsel that the L.P.A. No. 705 of 2011 (O&M) 3 relief given to him be confined to the period of three years preceding the date of filing the writ petition, which stands already paid as is evident from Mark-'A'. Accordingly, the directions issued by the learned Single Judge are modified to the aforesaid extent that the arrears would be confined to three years preceding the date of filing of the writ petition by the petitoner-respondent, which was filed on 9.11.2009. 5. The instant appeal is disposed of in the above terms. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) June 1 June 1 June 1 June 1, 2011 , 2011 , 2011 , 2011 JUDGE JUDGE JUDGE JUDGE Pkapoor