Disposed

Union of India and Ors. v. Rattan Singh

Punjab & Haryana HC1 Mar 2012RSA/2606/2007

Case brief

AI extract

What is this about?

The High Court allowed the appellant's prayer to transfer a second appeal concerning disability pension and interest arrears to the Armed Forces Tribunal Chandigarh Bench, as such matters pertain to retiral benefits under the Armed Forces Tribunal Act, 2007.

What did the court decide?

The second appeal (RSA No.2606 of 2007) was transferred to the Armed Forces Tribunal Chandigarh Bench for further adjudication.

Union of India and Ors. Vs Rattan… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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CM No.902-C of 2012 and RSA No.2606 of 2007 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM No.902-C of 2012 and RSA No.2606 of 2007 (O&M) Date of decision:01.03.2012

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Union of India and others

......Appellants

Vs.

Rattan Singh

...Respondent

CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

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Present: Mr. Ashok Kumar, Advocate for Mr. S.K. Sharma, Advocate for the applicant-UOI.

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Mr. Rattan Singh, respondent in person.

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Tejinder Singh Dhindsa, J. (Oral)

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CM No.902-C of 2012:

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The plaintiff/respondent filed a suit for declaration to the effect that he is entitled to disability pension from the date of his discharge from army i.e. w.e.f. 01.05.1985 and a consequential relief for mandatory injunction directing the defendant-UOI to pay the arrears on account of disability pension along with interest at the rate of 12% per annum was also prayed for. The trial Court vide judgment dated 10.12.2002 dismissed the suit. The plaintiff preferred a civil appeal and vide judgment dated 18.04.2006 passed by the Additional District Judge, Gurdaspur, the appeal was accepted and the suit filed by the plaintiff was decreed for declaration

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CM No.902-C of 2012 and RSA No.2606 of 2007 (O&M)

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to the effect that he is entitled to disability pension w.e.f. 01.05.1985 and was also held entitled to recover the interest at the rate of 7 ½ % per annum on the principal amount. It is against such judgment passed by the first appellate Court that the Union of India is in second appeal before this Court.

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The instant application has been filed with a prayer to transfer the matter to the Armed Forces Tribunal Chandigarh Bench, Chandigarh. Under Clause I of sub Section 2 of Section 3 of the Armed Forces Tribunal Act, 2007, all matters relating to the remuneration pension as also other retiral benefits relating to Armed Forces are to be heard by the Armed Forces Tribunal. The respondent, who is present in the Court has no objection to such transfer.

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Accordingly, the prayer in the application is allowed . The main second appeal is, accordingly, transferred to Armed Forces Chandigarh Bench, Chandigarh for further adjudication.

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CM disposed of.

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RSA No.2606 of 2007:

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In the light of the order dated 01.03.2012 passed in CM No.902-C of 2012, the main second appeal stands transferred .

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harjeet

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(TEJINDER SINGH DHINDSA) JUDGE

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March 01, 2012

Union of India and Ors. v. Rattan Singh

Case brief

What is this about?

What did the court decide?

Union of India and Ors. v. Rattan Singh

Case brief

What is this about?

What did the court decide?

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