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Ex. Havildar Surmukh Singh v. Union of India & Ors. - CWP-12255-2002  RD-P&H 12590 (14 December 2006)
CWP No.12255 of 2002 (O&M)
Date of decision: December 1, 2006.
Ex. Havildar Surmukh Singh
Union of India & Ors.
Present: Shri Bhim Sen Sehgal, Advocate for the petitioner.
Shri S.K. Sharma, Advocate,
for the respondents.
Surya Kant, J. (Oral)
CM No.16216 of 2006
Notice to Learned Counsel for the respondents.
Shri S.K. Sharma, learned Counsel for the UOI, accepts notice.
As agreed by Learned Counsel for the parties, the main case is taken on Board for final disposal.
C.M. stands disposed of.
In this writ petition, a writ in the nature of mandamus has been sought by the petitioner to command the respondents to grant him Disability Element of Pension from the date he was invalidated, i.e. 28.2.1995 and now claims computing of disability element at least @ 50% for life w.e.f.
1.1.1996 in accordance with the instructions dated 31.1.2001, 7.2.2001 and 16.5.2001 issued by the Government of India.
Learned Counsel for the petitioner submits that similar issue was raised before this Court in CWP No.9979 of 2005 (Nb. Sub. Ravinder Kumar v. Union of India), which has since been allowed by a Division Bench of this Court vide judgment dated 17.8.2006, a copy of which has appended as Annexure P-4 with CM Application No.17473 of 2006.
Learned Counsel for the respondents also fairly states that the controversy raised in this writ petition is fully answered in favour of the petitioner by the above stated Division Bench in Naib Subedar Ravinder Kumar's case (supra).
Accordingly, and for the reasons mentioned in the Division Bench judgment, referred to above, this petition is also allowed in the same terms. However, it is directed that the petitioner shall be entitled for the consequential arrears of pension for 38 months preceding the date of filing of the writ petition. The necessary relief shall be granted to the petitioner within two months from the date of receipt of a certified copy of this order.
December 1, 2006. [ Surya Kant ]
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