Allowed

Balraj Singh v. State of Punjab and Others

Punjab & Haryana HC21 Jul 2011CWP/11239/2009

Case brief

AI extract

What is this about?

The single judge allowed the writ petition primarily on pension and retirement benefits. The court set aside an order rejecting the petitioner's representation for counting military service towards his pension due to a two-and-a-half-year gap. The court directed respondents to pass a fresh speaking order within four months.

What did the court decide?

Order dated 11.6.2009 (Annexure P-9) setting aside and direction to respondents to pass a fresh speaking order within four months.

Balraj Singh Vs State of Punjab and… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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Civil Writ Petition No. 11239 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No. 11239 of 2009 Date of decision:- 01.08.2011

Balraj Singh

...Petitioner

Versus

State of Punjab and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. B.S. Sehgal, Advocate for the petitioner.

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Mr. Puneet Gupta, Addl.A.G. Punjab.

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RITU BAHRI J.

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This writ petition under Article 226/227 of the Constitution of India is for counting the service rendered by the petitioner in the Indian Army from 15.10.1961 to 28.2.1969 for pension.

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The petitioner had enrolled in the Indian Navy on 15.10.1961 and served upto 28.2.1969. Thereafter,he was discharged from the Army vide Annexure P-1. After undergoing the training, he was appointed as Sub Inspector Co-operative Societies on 18.1.1971. He joined on 16.10.1971. The petitioner was given the benefit of fixation and seniority in accordance with the judgment of the Supreme Court in Amarjit Singh versus State of Punjab and another (Annexure P-4).

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The petitioner was retired on 30.09.2001 as Assistant Registrar. Thereafter, he made a number of representations to count his military service towards pension. He deposited Rs.1800/- which he has received as gratuity from the Defence services, on 14.8.2003. Subsequently, vide order dated 11.6.2009

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Civil Writ Petition No. 11239 of 2009

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(Annexure P-9) his representation for grant of benefit of military service towards pension was rejected.

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After going through the facts of the case, the gap between discharge and joining civil service in the present case is 2-½ years, Order dated 11.6.2009 (Annexure P-9) is set aside with the direction to the respondents to pass a fresh speaking order in accordance with Rules 4.3 of Punjab Civil Service Volume-II within a period of four months from the date of receipt of certified copy of this order.

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The writ petition is allowed.

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01.8.2011 Vijay Asija

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( RITU BAHRI ) JUDGE

Balraj Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Balraj Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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