Punjab-Haryana High Court
Pirbhu vs Union Of India And Others on 5 November, 2024
Bench: Sureshwar Thakur, Sudeepti Sharma
S24 CHER 143408 0 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (112) CWP-29798-2024 Date of Decision: 05.11.2024 PIRBHU ...Petitioner Versus UNION OF INDIA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present:- Mr. R.S. Panghal, Advocate for the petitioner. Mr. Karanvir Singh Kathuria, Central Govt. Counsel for the UOI-respondents. 36 2 2s 24s 2k SURESHWAR THAKUR, J. (Oral)
1. A binding and conclusive verdict became rendered on 25.07.2023 upon OA-3045-2017 by the learned Armed Forces Tribunal, Regional Bench Chandigarh. The operative part of the said order extracted hereinafter:-
"Accordingly, we accept the present original application and direct the Union of India to issue the revised PPO on the basis of total length of service of 29 years, which includes Army and DSC service. The applicant is entitled to enhanced pension after attaining the age of 80 years of age. The respondents are directed to release the payment of arrears of pension within a period of three months from today, failing the applicant shall be entitled to recover the interest @ 8% per annum till payment."
2. In pursuance of the passing of the (supra) extracted operative part of the order as occurs in the verdict (supra) drawn by the AFT concerned, the MOHIT 2024.11.06 10:14 I attest to the accuracy and integrity of this document AQZ4 RHEE 14349083 DD CWP-29798-2024 -2- petitioner filed execution petition and on the said execution petition, the instant impugned order became rendered.
3. Learned counsel for the petitioner vehemently argues, that the (supra) extracted operative part of the verdict made by the AFT concerned, rather did not come to be fully complied with. He further submits that as such the benefits as become thereunders endowed upon the present petitioner were not fully endowed upon him.
4. Therefore, for resting the controversy, this Court deems it fit and appropriate to quash the impugned order, but with liberty to the present petitioner to file a review application before the learned Armed Forced Tribunal concerned, whereby he may contest the fact that the order (supra) remains not fully complied with. On such a review application being expeditiously filed, thus, the AFT concerned but after bearing in mind all the facts and circumstances, shall proceed to most expeditiously draw a fresh lawful order thereons.
5. Disposed of accordingly.
(SURESHWAR THAKUR) JUDGE (SUDEEPTI SHARMA) JUDGE November 05, 2024 Mohit Bishnoi Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT 2024.11.06 10:14 I attest to the accuracy and integrity of this document