Dismissed

Vinod Singh @ Vinod Kumar v. The Union Of India and Ors.

Patna HC14 Dec 2018CWJC/22509/2018

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What is this about?

The Patna High Court held that a writ application seeking pension for discharged armed forces personnel is not maintainable. The court directed the petitioner to approach the designated Tribunal for defence personnel.

What did the court decide?

Petitioner directed to ventilate grievance before the Tribunal for defence personnel within one month; writ application disposed of.

Vinod Singh @ Vinod Kumar Vs The Union Of… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22509 of 2018

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======================================================

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Vinod Singh @ Vinod Kumar Son of Upendra Singh Resident of ward No.06 Dhobgawan P.S. Kalyanpur,Distt.-Samastipur

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... ... Petitioner/s

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Versus

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The Union of India through the Defence Secretary Govt. of Inida,New Delhi

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The SRO,DSC, Record Central Kanpur(Kerala unit) C/o 56 APO State of Kerala

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Major R. & A. Company DSC Centre Cannanore

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) Mr. R. K. Sharma, C.G.C. Mr. Ravinder Kumar Sharma, CGC ======================================================

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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3 14-12-2018

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Heard the learned counsel for the petitioner and

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learned counsel appearing on behalf of Union of India.

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This matter has come under the heading “On Office Notes” as defect No.3 has been pointed out by the office regarding maintainability of the writ application. The matter relates to armed forces personnel and there is a separate forum for ventilating the grievance by employee in armed forces. Petitioner was discharged from service on medical grounds on 31.07.2016 from Defence Security Corps and claims monthly pension and arrears of pension, as he has completed the qualifying period of service required for entitlement of pension.

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Considering the nature of prayer, the writ application

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Patna High Court CWJC No.22509 of 2018(3) dt.14-12-2018 2/2

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is not maintainable under Article 226 of the Constitution of India. The petitioner would ventilate his grievance before the Tribunal constituted for the defence personnel. Delay, if any, would be condoned, if the petitioner prefers an application before the Tribunal within a period of one month from the date of receipt / production of the copy of this order.

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With the aforesaid observations and directions, this writ application is disposed of.

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(Nilu Agrawal, J)

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sanjeev/-

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Vinod Singh @ Vinod Kumar v. The Union Of India and Ors.

Case brief

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Vinod Singh @ Vinod Kumar v. The Union Of India and Ors.

Case brief

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