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NAIB SUBEDAR INDRAJ KUMAR versus UNION OF INDIA & ORS.

High Court of Punjab and Haryana, Chandigarh

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Naib Subedar Indraj Kumar v. Union of India & Ors. - CWP-1838-2006 [2006] RD-P&H 5146 (2 August 2006)

CWP No.1838 of 2006 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.1838 of 2006

Date of decision: August 07, 2006.

Naib Subedar Indraj Kumar

...Petitioner(s)

v.

Union of India & Ors.

...Respondent(s)

Present: Shri Gurcharan Dass, Advocate for the petitioner.

Ms. Meenakshi Choudhary, Advocate

for the applicant-respondents.

Surya Kant, J. (Oral)

CM No.11533 of 2006

The prayer in this application is to place on record the letter dated May 31, 2006, Annexure R-1, which is taken on record.

C.M. stands disposed of.

With the consent of the Learned Counsel for the parties, the main case itself is taken up for hearing.

Re: Writ Petition

This writ petition has been filed by the petitioner for issuance of a writ in the nature of mandamus to command the respondents to consider and promote him in the rank of Subedar with effect from September 1, 2005 in accordance with the promotion orders issued in his favour by the Army Medical Corpus, Lucknow vide its letter dated 12.8.2005 (Annexure P-1).

The petitioner has also sought all the consequential benefits like pay, CWP No.1838 of 2006 -: 2 :-

seniority, etc.

After the writ petition was admitted for final hearing, the respondents moved an application whereby copy of the letter dated May 31, 2006 (Annexure R-1) has been placed on record.

A perusal of the said letter reveals that the petitioner has been promoted to the rank of Subedar (Ambulance Assistant) with effect from September 1, 2005. In this manner, the petitioner has got the main relief of promotion from the same date as is sought by him in the writ petition.

Learned Counsel for the petitioner, however, submits that the petitioner is also entitled to all the consequential benefits pursuant to his retrospective promotion.

Learned Counsel for the respondents states at the Bar that the consequential benefits, if any, shall be released in favour of the petitioner in due course of time and not later than three months.

After hearing Learned Counsel for the parties and having regard to the fact that the petitioner has already been promoted from the due date, this petition is disposed of with a direction to the respondents to release the consequential benefits, if any, in favour of the petitioner within a period of three months of the date of receipt of a certified copy of this order.

Disposed of.

August 07, 2006. [ Surya Kant ]

kadyan 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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