IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5868 of 2008 DATE OF DECISION: April 15, 2009 Manjit Singh .........PETITIONER(S) VERSUS Union of India and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Rajeev Anand, Advocate, for the petitioner. Ms. Amanpreet Sandhu, Advocate, for the respondents. AJAI LAMBA, J. (ORAL) This civil writ petition has been filed by Manjit Singh, Honorary Subedar Major praying for issuance of a writ in the nature of mandamus directing the respondents to release pensionary and retiral benefits of the petitioner pursuant to his normal discharge from service in Indian Army with completion of terms of engagement w.e.f. 31.01.2005. Learned counsel for the petitioner contends that the petitioner was prematurely discharged from service on 01.12.2002 (with pensionary and retiral benefits) of which pension payment order was issued in the year 2002 (for illegal reasons). The petitioner aggrieved by the action of the respondents filed CWP No. 102 of 2004. This Court vide order dated 08.01.2004 directed the respondents to take a decision on the legal notice. C.W.P. No. 5868 of 2008 -2- The respondents considered the contentions made in the legal notice and vide order dated 15.10.2004 Annexure P-1, directed re- instatement of the petitioner in service in the rank in which he was discharged from service. The petitioner was also granted rank of Subedar w.e.f. 01.12.2002. The decision further taken by the respondents is that the petitioner would be entitled to arrears of pay and allowances in that rank w.e.f. 01.12.2002 till the date of re-instatement. While paying the arrears of pay and allowances the amount drawn by the petitioner as pension and gratuity for the said period would be adjusted. In terms of order Annexure P-1, the petitioner rejoined the service on 01.07.2004 and completed the terms of service and got normal discharge on 31.01.2005. Learned counsel contends that on account of the pension and allowances drawn by the petitioner during the period the petitioner remained under discharge under illegal orders dated 01.12.2002, the petitioner was required to repay Rs. 6,17,000/- approximately to the respondents. The respondents, however, were required to pay to the petitioner approximately Rs. 11,00,000/- on account of his pensionary and retiral benefits. The respondents, however, are not adjusting Rs. 6,17,000/- already drawn by the petitioner which is less amount than the amount to which the petitioner is entitled. Learned counsel contends that the matter is covered by a judgment rendered by this Court in CWP No. 7561 of 2007, Surjit Chand Vs. Union of India and Others decided on 22.04.2008. Learned counsel for the respondent has not been able to dispute that the case of the petitioner is covered by decision rendered in Surjit Chand's case (supra). C.W.P. No. 5868 of 2008 -3- In view of the facts and circumstances noticed above and the admitted position on facts, it is directed that the petitioner would be paid the payable allowances after adjusting the amount recoverable from the petitioner within three months from receipt of certified copy of the order. It is further made clear that the petitioner shall not be liable to pay any interest. The petition is allowed in the above terms. 15.04.2009 (AJAI LAMBA) shivani JUDGE