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NET RAM JAIN versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Net Ram Jain v. State of Haryana & Ors - RSA-3226-2005 [2006] RD-P&H 1390 (3 March 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA NO.3226 of 2005

DATE OF DECISION:March 9, 2006

Net Ram Jain

....Appellant

VERSUS

State of Haryana and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri Amrit Paul, Advocate for the appellant.

Shri D.S.Nalwa, DAG, Haryana.

JUDGMENT (ORAL)

The facts which emerge from the record show that the plaintiff had resigned from service. However, later on he claimed pensionary benefits on the ground that before his resignation he had completed the qualifying service. The plaintiff had resigned in the year 1973 but filed the suit claiming the pensionary benefits on April 2, 2003.

Both the Courts below have rejected the claim of the plaintiff on the ground that the claim of the plaintiff was barred by limitation.

Besides the question of limitation, it is apparent that the claim of the plaintiff is not even legally sustainable in view of the judgments in Union of India and others vs. Braj Nandan 2006(1) SCT 554 and Kedar Nath Sharma vs. Union of India and others 2005(6), SCT 440.

In view of the aforesaid authoritative pronouncement, the claim of the plaintiff cannot be legally sustained. The present appeal is devoid of merit and the same is dismissed.

March 09, 2006 (Viney Mittal)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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