Meh Ram Ex.Naik vs Union Of India & Ors on 18 July, 2008

[Cites 3, Cited by 2]

Rajasthan High Court - Jodhpur

Meh Ram Ex.Naik vs Union Of India & Ors on 18 July, 2008

Bench: Gopal Krishan Vyas

                                   1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                    JODHPUR

                           :ORDER:

(1) S.B. CIVIL WRIT PETITION NO.3974/2004 (Ramniwas Vs. Union of India & Ors.) (2) S.B. CIVIL WRIT PETITION NO.3689/2004 (Jai Singh Vs. Union of India & Ors.) (3) S.B. CIVIL WRIT PETITION NO.4996/2004 (Sag Ram Vs. Union of India & Ors.) (4) S.B. CIVIL WRIT PETITION NO.3690/2004 (Narayan Singh Vs. Union of India & Ors.) (5) S.B. CIVIL WRIT PETITION NO.3691/2004 (Meh Ram Vs. Union of India & Ors.) Date of Order :: 18.07.2008 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.B.L. Swami } Mr.Deepesh Beniwal } for the petitioners.

Mr.V.K. Mathur          }
Mr.Ravi Bhansali        } for U.O.I.

In this bunch of writ petitions, petitioners have prayed for the following reliefs:-

(1) The pension amount fixed as wrong throughout, i.e. on 31.08.1993 and subsequent, prior 2 to 01.12.1995, on 01.01.1996 and subsequently Annexure-P/8 may kindly be declared wrong, illegal and be set aside and quashed with consequential relief.

(2) The respondents be directed to fix the correct rate of pension and time to time revise the correct rate of D.A. with consequential benefits. (3) The respondents may kindly be directed to implement Annexures-P/1, P/3, P/4, P/5 and P/6 qua petitioners, with effect from the date on which the petitioners become entitled with consequential benefits.

(4) The respondents be directed to expedite the payment of the arrears of correctly revised pension held by the respondents, with 12% interest per annum.

Before approaching this Court, although so many representations were filed by the petitioners for their claim, so also, their entitlement with regard to pension.

In my opinion, when no rejection order is passed by the respondents for the claim made by the petitioners, then the matter is required to be first considered by the respondents and, for the same, I deem it just and proper to grant liberty to the petitioners to file detailed representation with regard to their claim, so also, their entitlement for pension. Upon filing the said representation, respondents shall decide such representation objectively while considering all the grounds taken by the 3 petitioners in their representation after providing opportunity of hearing to them and pass a speaking order within a period of six months from the date of filing said representation. It is also made clear that in the event of rejection of the claim of petitioners, they are free to approach this Court.

With the above direction/observation, the writ petitions are disposed of.

(GOPAL KRISHAN VYAS),J.

A.K. Chouhan/-

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Rajasthan High Court - Jodhpur