LAWS(PAT)-2010-3-260

RAM NARAYAN SINGH, ARMY NO.14541134, SON OF SRI KAILASH BIHAR SINGH Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI

Decided On March 25, 2010
Ram Narayan Singh, Army No.14541134, Son Of Sri Kailash Bihar Singh Appellant
V/S
Union Of India Through The Secretary, Ministry Of Defence, Government Of India, New Delhi Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the Union of India.

(2.) In view of the explanation for delay of 295 days in preferring this appeal, we have condoned the delay and considered the appeal on merits.

(3.) The learned Writ Court dismissed the writ petition bearing CWJC No. 3460 of 2009 by order dated 23.3.2009 on the ground that cause of action has not arisen in Bihar specially when petitioner retired from service under the Indian Army in the year 1998 from Secundrabad and earlier for fixing of his statutory pension he had preferred a writ petition in the High Court of Judicature at Allahabad in the year 2001 because of certain decision for payment of retirement benefits including provisional pension was taken from Allahabad on 15.12.2000. The writ petition filed in this Court is, in fact, only to assail the consequential orders issued by the competent authority at Allahabad on 26.3.2002 and again from Secundrabad on 26.10.2002.