Ic 12063 P Lt. Col. (T.S.) … vs The Union Of India on 4 August, 2009

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH


                                                C.W.P. No.18471 of 2008
                                                Date of decision: 04.08.2009

IC 12063 P Lt. Col. (T.S.) Dalvinder Singh resident of H. No.304, Sector 35-A,
Chandigarh.

                                                              ......Petitioner

The Union of India, Ministry of Defence and others.

                                                              ......Respondents.

CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI.

Present:     Mr. Vikram Bali, Advocate, for the petitioner.

             Ms. Geeta Singhwal, Advocate for the respondents.

                                  -----

PERMOD KOHLI, J. (ORAL)

It is submitted by learned counsel for the parties that this case is

covered by a judgment of Division Bench of this Court in CWP No.8939 of 2007

decided on 6.3.2009. Learned counsel for the petitioner, however, submits that the

respondents are recovering more amount than what was paid in lump sum to the

petitioner in the form of commuted value. This fact is disputed by the other side.

In view of the judgment referred above, this petition is dismissed. However, the

petitioner is at liberty to make appropriate representation to the respondents

regarding excess recovery, if any. If such a representation is filed within a period

of one month, the same shall be decided by the respondents by passing a speaking

and well reasoned order thereafter within a period of four months, in accordance

with law.

                                                       (PERMOD KOHLI)
August 4, 2009                                             JUDGE
Poonam