Appellant questioned denial of annual increments after acceptance of past Army service. High Court held challenge to rejection order was prerequisite, appeal lacked merit, and delay condonation dismissed unilaterally.
Second appeal dismissed on merits and for delay; miscellaneous applications for condonation of delay rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.4016 of 2010(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.4016 of 2010(O&M)
Date of Decision: March 12, 2012
Subhash Chander Kapoor
.......Appellant
Versus
State of Punjab and others
.......Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present: Mr.BN Sehgal, Advocate for the appellant.
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TEJINDER SINGH DHINDSA, J.
The plaintiff filed a suit for declaration to the effect that he is entitled to the benefit of his past Army service i.e. with effect from 7.4.1971 to 19.12.1976 towards grant of annual increments and further prayed for the relief of mandatory injunction for the sanctioning of such annual increments in his pay scale on account of such service rendered in the Army. 2. The trial Court dismissed the suit and even the first Appellate Court vide impugned judgment dated 24.2.2009 has dismissed the appeal. It is against such factual backdrop that the plaintiff-appellant is in second appeal.
RSA No.4016 of 2010(O&M)
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6.5.1995, Exhibit P1, whereby his service rendered in the Army was directed to count towards his present service as also pensionary benefits subject to the condition that the sum that the plaintiff-appellant had received towards gratuity and DCRG from the defence authorities would be recoverable from his salary in monthly instalments.
RSA No.4016 of 2010(O&M)
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the impugned judgment and decree passed by the Courts below. The claim raised by the appellant as regards grant of annual increments by counting his past service rendered in the Army from 7.4.1971 to 19.12.1976 could not have possibly been adjudicated upon without there having been a challenge laid to the order dated 10.4.1996 passed by respondent No.3 wherein such claim has been specifically rejected. No question of law arises for consideration.
8. Appeal dismissed.
March 12, 2012 SRM
( TEJINDER SINGH DHINDSA ) JUDGE
Note: Whether to be referred to Reporter? Yes/No
2 issues framed by the court
Whether the respondent could deny annual increment benefits without challenging the earlier order accepting past Army service.
Whether sufficient cause was shown for condonation of delay in filing and re-filing the second appeal.
Subhash Chander Kapoor
State of Punjab and others
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
