Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Jharkhand High Court

( Dev Dutt Rai vs . Union Of India & Ors.) on 24 November, 2021

Author: S.N. Pathak

Bench: S.N.Pathak

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 6840 of 2019
                         ( Dev Dutt Rai Vs. Union of India & Ors.)
                                          -------

CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through : Video Conferencing) For the Petitioner : Mr. A.K. Sinha, Sr. Advocate For the Resp.-UOI : Mr. Jitendra Tripathi, Advocate

---------

06/ 24.11.2021 The petitioner has thrown challenge to premature retirement as prior to his actual date of superannuation, the impugned order has been passed regarding compulsory retirement of the petitioner.

Mr. A.K. Sinha, learned Sr. counsel for the petitioner submits that the case of the petitioner is governed by Central Industrial Security Forces Act, 1968 and not by the Central Government Pension Rules.

On the other hand, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that instant writ petition has been filed after 9 years of issuance of impugned order by the Disciplinary Authority as well as Appellate Authority and on this score itself, writ petition is fit to be dismissed. He further submits that respondent No.3 & 4 are not the necessary party as such, same may be deleted from the array of the parties.

Since the petitioner has already received all the admitted emoluments, the case is admitted for hearing.

Admit.

Since the parties have already appeared, notices are not required to be sent.

Put up this case under appropriate heading in usual course.

(Dr. S.N. Pathak, J.) punit/-