Remanded

Smt Sufedi and Ors. v. U O I and Ors.

Rajasthan HC4 May 2009CMA/2524/2009

Case brief

AI extract

What is this about?

Single judge dismissed a miscellaneous appeal against a tribunal order regarding compensation. The court remanded the matter to the Tribunal to decide the question of award of interest, including rate and effective date, in light of a specific Division Bench judgment.

What did the court decide?

Matter remanded to the learned Tribunal to decide the question pertaining to the award of interest including effective date and rate.

Smt Sufedi and Ors. Vs U O I and Ors. — Pension and Retirement Benefits | Rajasthan HC (2009)

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S.B.CIVIL MISC. APPEAL NO.2524/2009.

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Smt.Safedi & Ors. VS. U.O.I.; & Anr.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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S.B.CIVIL MISC. APPEAL NO.2524/2009.

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Smt.Safedi and Others. VERSUS

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Union of India and Another.

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04.05.2009.

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HON'BLE MR.JUSTICE DALIP SINGH

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Mr.Ajay Shukla, for the appellants. Mr.P.C.Sharma, for the respondents.

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Learned counsel for the appellants has confined the appeal to the question of interest only.

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Notices were ordered to be issued to the learned standing counsel. Shri P.C.Sharma, accepts notice and appears on behalf of the respondent.

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Learned counsel for the appellants has submitted that in this appeal, the appellants are aggrieved on account of the fact that the learned Tribunal has failed to award interest on the amount of compensation. It is further submitted that the interest has been awarded only in the event of default of payment of the compensation amount within sixty days.

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It is submitted that the aforesaid directions of not awarding the interest is contrary to the law laid down by the Division Bench of this Court in the case of Union of India vs. Smt.Shamim and Others [S.B.Civil Misc. Appeal No.263/1997] decided on 10.01.2008 while

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S.B.CIVIL MISC. APPEAL NO.2524/2009. Smt.Safedi & Ors. VS. U.O.I.; & Anr.

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answering the reference and this Court in catena of cases while remanding the matter to the learned Tribunal has directed the learned Tribunal to decide the question of award of interest in the light of the answers given by the Division Bench while deciding the reference vide judgment dated 10.01.2008.

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I have heard the learned counsel for the parties and perused the impugned judgment as well as the order of reference passed by the Division Bench, dated 10.01.2008.

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In view of the above, the matter is remanded to the learned Tribunal for deciding the question pertaining to the award of interest including the effective date and the rate of interest to be awarded in the light of the judgment given by the Division Bench dated 10.01.2008, referred to above. The parties are directed to appear before the learned Tribunal on 06.07.2009.

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This appeal accordingly stands disposed of.

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(DALIP SINGH),J.

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Solanki DS, Jr.P.A.

Smt Sufedi and Ors. v. U O I and Ors.

Case brief

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Smt Sufedi and Ors. v. U O I and Ors.

Case brief

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