The petitioner, a teacher with prior military service, filed a writ seeking unspecified economic benefits. The court dismissed the petition for lack of merit, noting the failure to plead specific legal provisions or place contemporaneous material on record to substantiate the claim.
The petition is dismissed. No costs.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP(T) No. 7442 of 2008. Decided on: 14th December, 2010.
Om Parkash Sharma.
…Petitioner.
-Versus-
The State of H.P. and Others.
…Respondents.
Coram:
The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No.
____________________________________________________________ For the petitioner. : Mr. Ashwani K. Sharma, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General, for the respondents. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral) :
Petitioner was appointed as J.B.T. teacher on 02.06.1965 in the Education Department. He joined the Indian Army on 07.10.1965. He was discharged on 22.02.1981. He rejoined his duties on 23.01.1981. Case of the petitioner, in a nutshell, is that he is entitled to economic benefits.
1 Whether the reporters of the local papers may be allowed to see the judgment?. No.
petitioner is seeking any benefits, he is required to place on record the instructions/regulations etc., entitling him to the same. Merely stating that he is entitled to economic benefits is not sufficient. In fact, the petitioner had been granted revision of pay scales and his Military service has been counted towards pensionary and other economic benefits, as per the averments contained in the reply. Petitioner has failed to substantiate his claim.
the same is dismissed. No costs.
(Rajiv Sharma) Judge
December 14, 2010. (bhupender)
1 issue framed by the court
Whether a petitioner seeking economic benefits without citing specific legal provisions and supporting material can succeed in a writ petition.
Om Parkash Sharma
The State of H.P.
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
