PERMOD KOHLI, J.
The petitioner granted Short Service Commission in the Army on 12.1.1969 While participating in exercise conducted with live ammunition, he suffered gun short on his left elbow on 11.3.1971 He was released from service with 50 per cent disability on 10.04.1979 On 26.7.1979 the petitioner was granted disability pension. Service element granted only for a period of 2 years i.e from date of Commission to the date of injury. Disability pension granted to the petitioner was enhanced in 1981, 1983, 1985, 1993 and 1999. On 31.3.2001 instructions were issued after 5th Pay Commission providing different categories of disability suffered having regard to the manner of injury suffered. Injury suffered on account of training exercise came in category “E” This category entitled a person to war injury pension in terms of the same instructions and that disability between 50 per cent and 75 per cent was directed to be reckoned for disability element with 75 per cent disability. On 16.5.2001 instructions issued by the government dated 31.1.2001 made applicable to all invalidated even prior to 1.1.1996 On 09.09.2001 the petitioner applied for grant of War Injury pension and @ 75% disability and also for service element for 10 years service rendered. Petitioner filed CWP No. 20447 of 2002 which was disposed of on 13.3.2004 wherein the prayer for War Injury Pension was rejected. However, request of the petitioner for disability element of 75 per cent was granted keeping in view the instructions aforesaid. The prayer for award of service element counting the complete commission service was rejected. The petitioner filed SLP impugning the part of the judgment whereby he was denied War Injury Pension which is pending before the Supreme Court. In the present writ petition the petitioner is claiming grant of service element for complete commissioned service.
It is agreed to by the learned counsel for the parties that the controversy involved in the present case is squarely covered by a judgment of this Court rendered in Ex-Capt. Surinder Pal Singh Gondara v. Union of India and another, (CWP No. 5429 of 1986) on 15.3.1988, wherein the following directions/observations have been made:-
“Consequently, this writ petition is succeeds. The respondents are directed to count the entire period of commissioned service rendered by the petitioner from 2.3.1968 to 31.8.1975 as the qualifying service and calculate his pension in accordance with pension scale of 1.1.1973 and give him all other benefits which he is entitled to under the law. It is further directed that the matter be finalized within three months of this order. No costs.”
The above observations/directions are fully applicable in the facts and circumstances of the present case. The petitioner is entitled to the relief indicated above. However, arrears are restricted to three years prior to the filing of the writ petition.
Disposed of.
09.10.2009 (PERMOD KOHLI) BLS JUDGE