Petitioner seeking military service benefits. Court disposed of writ petition, directing authorities to re-consider claim per 2004 Rules and grant relief within four months if entitled.
Direction to respondent to re-consider petitioner's claim under amended 2004 Rules and grant relief if entitled within 4 months.
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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.4215 of 1998 (O&M) Date of Decision: 08.07.2011
Jagjit Singh
VS.
State of Punjab & Ors.
. . . . Respondents
CORAM : HON’BLE MR.JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. RK Arora, Advocate for the petitioner ****
SURYA KANT, J. (ORAL)
CWP No.4215 of 1998.doc
Recruitment of Ex-Servicemen (Second Amendment) Rules, 2004 (in short, ‘the Rules’) has been promulgated retrospectively in terms whereof the period of Military service is required to be counted for increments and pension. The Division Bench has accordingly disposed of the LPA with a direction that matter shall be re-considered on Administrative side.
(4). In view of the above-noticed later events, I deem it appropriate to dispose of this writ petition with a direction to respondent No.2 to consider the claim of the petitioner in the light of the Amendment carried out in the Rules and if the petitioner is found entitled to the relief, to grant the same within a period of four months from the date of receipt of a certified copy of this order.
(5). In case the Authorities decline the petitioner’s request/prayer, he shall be at liberty to impugn the decision before an appropriate forum in accordance with law.
(6). Ordered accordingly. Dasti .
08.07.2011 (S u r y a K a n t) vishal shonkar Judge
Jagjit Singh
State of Punjab & Ors.
Surya Kant
As recorded by the court registry
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