CHANDRA BALI RAM versus THE UNION OF INDIA THROUGH SECRETARY AND OTHERS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Chandra Bali Ram v. The Union Of India Through Secretary And Others. - WRIT - A No. 11242 of 2001 [2007] RD-AH 6682 (12 April 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioner and perused the record.

The petitioner was appointed in the Indian Army in 1963 and he was discharged on medical ground on 16.12.1968. By means of this writ petition the petitioner has prayed for a mandamus commanding the respondents to release disability pension and other benefits of service.

By a specific order dated 31.5.1969 the claim of the petitioner for grant of disability pension has already been rejected by the respondents. Then again the petitioner, after 31 years of the passing of the earlier order, filed an application on 5.9.2000 with the same prayer for grant of disability pension. By means of the order dated 9.10.2000 the petitioner has been communicated that his claim for disability pension has already been rejected on 31.5.1969 which was duly communicated to him on 14.6.1969. The order rejecting his claim on 31.5.1969 has neither been filed by the petitioner nor have the orders dated 31.5.1969 and 9.10.2000 been challenged in this writ petition. In the absence of the same, since the claim of the petitioner has already been rejected by the respondents, which has not been challenged, the prayer for mandamus cannot be granted.

This writ petition is accordingly, dismissed. No order as to cost.

dt. 12.4.2007

dps

w.p. 11242.01

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