LAWS(HPH)-2015-10-167

TRILOK CHAND Vs. UNION OF INDIA AND OTHERS

Decided On October 15, 2015
TRILOK CHAND Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The appellant-writ petitioner has questioned the judgment and order, dated 14.09.2010, made by the learned Single Judge in CWP No. 1544 of 2009, titled as Trilok Chand Vs. Union of India & others (for short "the impugned judgment) to the extent of not granting the service benefits - salary for the period with effect from 01.05.2007 to 31.08.2009, on the grounds taken in the memo of appeal.

(2.) The appellant-writ petitioner was compulsorily retired from service in terms of order, dated 30.04.2007 (Annexure P-10), constraining him to file appeal (Annexure P- 11) before the appellate authority, which too was rejected in terms of Annexure P-12.

(3.) Though, the appellant-writ petitioner was granted all service benefits including the pensionary benefits in terms of Annexure P-13, but, feeling aggrieved, he questioned Annexures P-10 and P-12 on the grounds taken in the memo of the writ petition. The writ petition was resisted by the respondents by the medium of reply. The learned Single Judge, after examining the pleadings and the law applicable, allowed the writ petition and quashed Annexure P-10, but has held that the appellant-writ petitioner was not entitled to monetary benefits for the period he was out of service.