Allowed

Naurang Singh v. Union of India and Ors.

Punjab & Haryana HC17 Nov 2009CWP/17568/2009

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a veteran Army personnel seeking the service element of his disability pension. Relying on a prior judgment, the court directed the respondents to release the service element for three years prior to the filing of the petition and granted a right to interest for delay in payment.

What did the court decide?

Direction to release the service element of the pension for three years prior to the filing of the petition; right to interest at 12% per annum for delay in payment.

Naurang Singh Vs Union of India and… — Pension and Retirement Benefits | Punjab & Haryana HC (2009)

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CWP No.17568 of 2009 : 1

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In the High Court of Punjab and Haryana at Chandigarh

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Date of decision: 17.11.2009

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No.106619 Ex.L/Nk Naurang Singh

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... Petitioner

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Versus

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Union of India and others ... Respondents

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CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI

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Present: Mr.Bhim Sen Sehgal and Mr.Rajesh Sehgal, Advocates, for the petitioner.

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Ms.Anjali Kukkar, Advocate,for the respondents.

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PERMOD KOHLI, J.

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The petitioner was enrolled in the Indian Army on 17.07.1941. He was medically fit and placed in medical category AYE. He served various places including Dinapur, Shillong, Lahore etc. He suferred from the diseases of :Phenumonia while in the service of the army in the year 1944-45. The petitioner was brought before the Invaliding Medical Board in the year 1946. The CDA (P) released the pension of the petitioner consisting of both the service as well as disability element for a period from 07.02.1946 to 13.04.1949. He was again brought before the Resurvey Medical Board and disability of the petitioner was assessed at 20 per cent as per the opinion of the Classified Specialist and the Medical Board, but the CDA (P) with MA (P) reduced the same to less than 20 per cent and on the basis of the same disability pension of the petitioner had been stopped. The petitioner has been making repeated representations to bring him before the Resurvey Medical Board, but to no avail. On 03.04.2007 the petitioner served a legal notice claiming the continuance of disability pension consisting of both the elements i.e. disability as well as service element. It is further stated that the there is no delay for claiming the disability pension as the right to receive pension is a recurring right and accrues every month. It is under these circumstances that the petitioner has filed the present writ petition claiming the relief mentioned above.

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CWP No.17568 of 2009 : 2

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It is agreed to by the learned counsel for the parties that the controversy involved in the present writ petition is squarely covered by the judgment of this Court in the case of 3330582 Ex-Sepoy Nek Singh Vs.Union of India and others, (CWP No.1717 of 1998) decided on 10.07.2000, wherein the following directions/observation have been made:-

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“In these circumstances, the present writ petition is hereby allowed and directions are given to the respondents to release the service element of the petitioner which shall be payable to him for life according to Rules and Regulations as revised from time to time. If the benefit of service element is not released within six months from the date of the receipt of the copy of this order, the petitioner shall be entitled to the interest at the rate of 12 percent.”

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The aforesaid observations are fully applicable to the facts and circumstances of the present case. However, the arrears are confined to three years prior to the date of the filing of the present writ petition. The petitioner shall be entitled to the same relief. Petition stands allowed.

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17.11.2009 (PERMOD KOHLI) BLS JUDGE

Naurang Singh v. Union of India and Ors.

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Naurang Singh v. Union of India and Ors.

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