IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
L.P.A. No.969 of 2009(O&M)
Date of decision: 28.10.2009
Union of India and others.
-----Appellants
Vs.
No.1249309 Gnr. Dvr. (MT) Gurnam Singh.
-----Respondent
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE GURDEV SINGH
Present:- Mr. Gurpreet Singh, Advocate
for the appellants.
---
ORDER:
1. This appeal has been preferred against order of
learned Single Judge, restoring the disability pension which had
been earlier granted to the respondent but had been withdrawn.
2. The respondent served Indian Army from 1969 to
1972 when he was discharged on medical ground. He was given
disability pension which was stopped on 20.8.1974 on the ground
that his disability had come down below 20%. The respondent,
however, represented that at least service element i.e. pension
had to be continued, as held by Division Bench of this Court in
C.W.P. No.12311 of 1996 Amarjit Singh v. Union of India and
others decided on 27.2.1997, against which Special Leave
LPA No.969 of 2009 2
Petition was dismissed by the Hon’ble Supreme Court and which
judgment was followed in number of cases. The respondent filed
writ petition with the said grievance, which has been allowed,
following the said judgment of this Court in Amarjit Singh
(supra).
3. Learned counsel for the appellant is unable to
distinguish the applicability of judgment in Amarjit Singh (supra).
He, however, submitted that there was long delay in filing of the
writ petition. The pension was withdrawn in the year 1974 but the
writ petition was filed in the year 1993 and in this situation,
benefits should have been restricted to three years before filing of
the writ petition. He relies on judgment of the Hon’ble Supreme
Court in Union of India and others v. Tarsem Singh (2008) 8
SCC 648.
4. We would have appreciated this submission, but for
the fact that the amount is insignificant and the matter being
covered by earlier judgment of this Court in Amarjit Singh
(supra), we do not find any ground to interfere with the view taken
by learned Single Judge on these peculiar facts, when pension
had been earlier granted and was withdrawn in violation of law
laid down.
5. The appeal is dismissed.
(ADARSH KUMAR GOEL)
JUDGE
October 28, 2009 ( GURDEV SINGH )
LPA No.969 of 2009 3
ashwani JUDGE