Allowed

Gurdial Singh v. State of Haryana and Others

Punjab & Haryana HC21 Apr 2014CWP/14732/1993

Case brief

AI extract

What is this about?

Hon'ble J.G.S. Sandhawalia allowed the Writ Petition relying on Prabhu Ram case, quashing the order dated 11.10.1993 that denied the petitioner the benefit of military service along with his civil service for pensionary benefits, senate, and increments.

What did the court decide?

Impugned order dated 11.10.1993 was quashed. Petitioner allowed benefit of military service along with civil services for pensionary benefits.

Gurdial Singh Vs State of Haryana… — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

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CWP No. 14732 of 1993

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 14732 of 1993 Date of decision: 21.04.2014

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Gurdial Singh ...Petitioner(s)

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Versus

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State of Haryana and others

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Mr. Jitender Sharma, Advocate, for the petitioner.

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Mr. Kshitij Sharma, AAG, Haryana.

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G.S.SANDHAWALIA, J. (Oral)

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The writ petition was ordered to be listed after the decision in

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CWP No. 11597 of 1993, Prabhu Ram vs. State of Haryana and others.

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The said case was decided on 14.01.1010 and the petitioner therein was held entitled for the benefit of the military service alongwith the civil service rendered by him in the Education Department as also in the Agriculture Department for the purpose of grant of increments and seniority alongwith other pensionary benefits. The relevant portion reads thus:-

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“Consequently, the writ petition is allowed. The impugned order dated 3.8.1993 (Annexure P-7) is hereby quashed and it is declared that the petitioner is entitled to the benefit of military service alongwith the civil services rendered by him in the Education Department as also in the Agriculture Department for the purpose of grant of increments and seniority alongwith other pensionary benefits. Any recovery

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Gupta Shivani 2014.04.25 14:20 I attest to the accuracy and integrity of this document Chandigarh

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CWP No. 14732 of 1993

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made from the petitioner's pensionary benefits or otherwise on account of the impugned order shall be refunded to the petitioner within a period of two months from the date a certified copy of this order is served upon the competent authority. The respondents will also re-fix the pensionary benefits of the petitioner accordingly.

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In the present case also, the petitioner is seeking similar relief since vide order dated 11.10.1993 (Annexure P-5), he has been held not entitled for the benefit of military service.

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Accordingly, the present writ petition is allowed in terms of Prabhu Ram's case (supra) and the order dated 11.10.1993 (Annexure P-5) is quashed.

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21.04.2014 (G.S. SANDHAWALIA) shivani JUDGE

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Gupta Shivani 2014.04.25 14:20 I attest to the accuracy and integrity of this document Chandigarh

Gurdial Singh v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Gurdial Singh v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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