IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 20082 of 2008 DATE OF DECISION: April 15, 2009 No. 2960957 Ex Sepoy Jagmal Singh .........PETITIONER(S) VERSUS Union of India and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. R.A. Sheoran, Advocate, Advocate, for the petitioner. Ms. Geeta Singhwal, Advocate, for the respondents. AJAI LAMBA, J. (ORAL) The petitioner has approached this court in writ jurisdiction praying for issuance of a writ in the nature of certiorari seeking quashing of order dated 16.10.1987 and 31.10.2008 Annexures P-1 & P-3. Effect of orders is that claim of the petitioner for grant of service element of pension w.e.f. 29.03.1985 has been rejected. The petition further prays for issuance of a writ in the nature of mandamus directing the respondents to release service element of pension w.e.f. 29.03.1985. Learned counsel for the petitioner contends that the petitioner joined Army service on 30.12.1965. The petitioner was invalided out from military service w.e.f. 15.08.1970 on recommendation of Medical Board. The Medical Board found the petitioner suffering from Pulmonary C.W.P. No. 20082 of 2008 -2- Tuberculosis with 100% disability. Disability of the petitioner was declared as attributable to military service and he was granted disability pension consisting of disability element as well as service element w.e.f. 16.08.1970. The pension was continued till 28.03.1985. At that point in time the disability of the petitioner was reassessed and was found to be below 20% and, therefore, the petitioner was held not entitled to disability element of pension. Learned counsel for the petitioner has pointed out that even the service element of pension has been discontinued which is illegal and the case of the petitioner in that regard is covered by Division Bench judgment of this Court rendered in CWP No. 8768 of 2007 decided ion 28.02.2008 in Chandgi Ram Vs. Union of India and Others. Learned counsel for the respondent has not been able to dispute that the matter is covered by Chandgi Ram's case (supra). I have considered the facts and circumstances of the case. Since it has not been disputed by learned counsel for the respondent that the petitioner would remain entitled to service element of pension even though disability element of pension has been discontinued due to review of medical condition of the petitioner, this petition is allowed. However, the arrears payable to the petitioner would be confined to 38 months preceding the date of filing of the writ petition i.e. 26.11.2008. The arrears be released within four months of receipt of certified copy of the order. 15.04.2009 (AJAI LAMBA) shivani JUDGE