Patna High Court - Orders
Dr.(Colonel)U.N.Ambastha @Udai vs The Union Of India & Ors on 14 August, 2014
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17109 of 2007
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Dr. (Colonel) U. N. Ambastha @ Udai Narain Ambastha, son of Late Surya
Narayan Prasad, R/V - Mahna, P/S - Barauni, District - Begusarai,
presently R/M - Miscot (Ramna) P/S-Mithanpura, District - Muzaffarpur
.... .... Petitioner/s
Versus
1. The Union of India (Through the Secretary, Ministry of Defence) New
Delhi
2. The Managing Director, Central Organization, ECHS (Ex-servicemen
Contributory Health Scheme), Adjutant Generals Branch, South
Block, Room No. 278A, Army H.Q. New Delhi-110 011.
3. The Regional Director, ECHS (Ex-Servicemen Contributory Health
Scheme), Regional Centre Sub-Area (JOB), H.Q. Danapur Cantt.,
Patna (Bihar)
4. The Station Commander / Commanding Officer, 151, Infantry
Batallion, (TA) JAT, Muzaffarpur
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sujeet Kumar Sinha
Ms. Sudha Ambestha
For the Respondent/s : Mr. Anis Akhtar (CGC)
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
ORAL ORDER
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08. 14.08.2014Heard learned counsel for the parties.
There is no discrimination between the payment of remuneration of other similarly situated person as well as the petitioner with regard to engagement in the Army Polyclinic, Muzaffarpur for the simple reason that the petitioner is a retiree, his appointment and engagement is on contract, his entitlement will be on the basis of the said agreement and he cannot look for parity over and above the same.
If that is the ground for refusing to pay to the petitioner equal or similar remuneration from the rest, it Patna High Court CWJC No.17109 of 2007 (8) dt.14-08-2014 2/2 cannot be a case of violation of Article 14 or case of discrimination under Article 16.
Writ application has no merit, it is dismissed.
(Ajay Kumar Tripathi, J.) SKM/-
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