Punjab-Haryana High Court
Union Of India And Others vs Ex. Naik Ram Mehar Singh on 31 August, 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
LPA No. 1091 of 2010
Date of Decision: August 31, 2010
Union of India and others
...Appellants
Versus
Ex. Naik Ram Mehar Singh
...Respondent
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MS. JUSTICE RITU BAHRI
Present: Ms. Renu Bala Sharma, Central Govt. Standing Counsel,
for the appellants.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the
Digest?
M.M. KUMAR, J.
The instant appeal by the Union of India and its officers, under Clause X of the Letters Patent, is directed against the judgment dated 9.10.2009, passed by the learned Single Judge in CWP No. 15582 of 2009. After noticing the Division Bench judgment of this Court rendered in the case of Paramjit Singh v. Union of India and others (CWP No. 67 of 2007, decided on 12.2.2008), the learned Single Judge has found that the factual as well as legal position raised in the present case is no longer res integra as the same is squarely covered by that judgment. Accordingly, the learned Single Judge has concluded that the petitioner-respondent is also entitled to 50% disability pension and disability benefit covers under the Army Group Insurance Fund, for his disability and directed that all these consequential benefits be paid to him LPA No. 1091 of 2010 2 from the date of his retirement within two months from the date of receipt of a copy of the order. However, the claim of arrears has been restricted to three years preceding the filing of the writ petition.
Having heard learned counsel for the appellants at a considerable length we find that there is no legal infirmity in the judgment passed by the learned Single Judge warranting interference by the Letters Patent Bench. Learned counsel has not been able to raise any substantial issue nor has she cited any law contrary to the one on which reliance has been placed by the learned Single Judge. Therefore, there is no merit in the instant appeal warranting admission. Accordingly, the appeal fails and the same is dismissed.
(M.M. KUMAR)
JUDGE
(RITU BAHRI)
August 31, 2010 JUDGE
Pkapoor