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Punjab-Haryana High Court

Devender Singh vs Sh. Vijay Singh And Anr on 22 October, 2009

Author: Rakesh Kumar Garg

Bench: Rakesh Kumar Garg

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                          COCP No.997 of 2009
                                          Date of decision: 22.10.2009

Devender Singh                                  ......Petitioner(s)

                                    Versus

Sh. Vijay Singh and anr.                        ......Respondent(s)

CORAM:-          HON'BLE MR.JUSTICE RAKESH KUMAR GARG

                                * * *

Present:         Mr. S.P. Chahar, Advocate for the petitioner.

                 Dr. Amarpreet Sandhu, Advocate for the respondents.


Rakesh Kumar Garg, J.(Oral)

The grievance of the petitioner before this Court is that despite directions dated 28.4.2008, the respondent has failed to make the payment of disability pension to the petitioner.

In response to the show cause notice issued by this Court, an affidavit of Sh.Tarul Kaul, Col., Dir MS. (T&C) has been filed in Court which is taken on record. In the aforesaid affidavit, it is submitted as under:-

"That SLP (Civil) No.6414 of 2009 filed by the respondent 20.4.2008 pronounced by Hon'ble High Court stands admitted in the Hon'ble Supreme Court of India. Conditional sanction No.B/74303/D-33/DGMS- 3D/162/2009/54/AG/PS-4 (Legal) dated 08 October 2009 of the order is being appended herewith. The same is subject to decision of SLP."

Dr. Amarpreet Sandhu, Advocate appearing on behalf of the respondent, on instructions from Captain Ms. Jaspreet Kaur, states that payment in pursuance of the aforesaid order dated 8.10.2009 shall be released to the petitioner within four weeks from today.

In view of the aforesaid, I am not inclined to proceed further in this petition.

COCP No.997 of 2009 -2-

Rule discharged.

However, it is made clear that if the assurance given by the learned counsel appearing on behalf of the respondent before this Court is not honoured, the petitioner shall be at liberty to revive this contempt petition.

October 22, 2009                         (RAKESH KUMAR GARG)
ps                                              JUDGE