C.W.P. No.15243 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No.15243 of 2008
Date of decision:27.07.2009.
Balbir Singh Saini ..Petitioner
Versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
Present: Petitioner in person.
Mr. Sanjeev Kaushik, Addl. A.G., Haryana,
for respondent No.1 to 3.
Ms. Aman Preet Sandhu, Advocate.
*****
JASBIR SINGH, J. (ORAL).
Petitioner has filed this writ petition with a prayer that
directions be issued to the respondents, to pay him an amount of
Rs.600 per month, as financial assistance, w.e.f. 01.08.2007, as
envisaged in policy letter dated 13.04.2006 (R-1). Vide that policy,
Government of Haryana decided to grant financial assistance to
Ex-servicemen of and above the age of 60 years, who are not getting
any kind of pension.
Petitioner’s application did not find favour with the
C.W.P. No.15243 of 2008 -2-
respondent – State, which led him to file this writ petition.
In the written statement filed, it was stated that as per
certificate issued, in favour of the petitioner, by the Air Force authorities
on 30.09.1972, the petitioner was found unfit for trade duties and he
was unwilling to revert to other trade and rank. Before this Court,
finding given above by the authorities was also challenged. On
18.05.2009, following order was passed by this Court: –
“Mr. Sajjandeep Chand from the Air Force is present
in Court. He submits that the original records have already
been destroyed after expiry of the stipulated period of
retention in terms of Air Force Regulations. He, however,
submits that whatever records they were maintaining in the
Media, the subject Certificate has been issued on that
basis. The petitioner who is present in person in Court has
shown his original Discharge Card, a photostat copy of
which has also been handed over to Mr. Sajjandeep
Chand.
In view of the fact that photostat copy of the
Discharge Certificate has been handed over to Mr.
Sajjandeep Chand in the Court, the Air Force Authorities
are directed to re-consider the matter and issue appropriate
communication to the Rajya Sainik Board before the
adjourned date.”
In response to order mentioned above, Ms. Sandhu handed
over a copy of the certificate, now issued by the Air Force authorities, to
the State counsel.
In view of above, this writ petition is disposed of by issuing
directions to the respondent – State to take note of certificate, issued in
C.W.P. No.15243 of 2008 -3-
favour of the petitioner, and pass appropriate orders. If the petitioner is
eligible, as per the terms and conditions of the policy Annexure R-1,
requisite relief be granted to him, within one month from the date of
receipt of copy of this order. If to the contrary, a detailed order be
passed and copy of the same be supplied, to the petitioner, forthwith.
Disposed of.
July 27, 2009. ( JASBIR SINGH ) vinod JUDGE