R.S.A.No.244 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.S.A.No.244 of 2008
Date of Decision : 14.07.2009
Satpal Singh ...Appellant
Versus
Union of India and others ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. Deepak Arora, Advocate,
for the appellant.
HEMANT GUPTA, J. (ORAL)
The plaintiff is in second appeal aggrieved against the
judgment and decree passed by the Courts below, whereby the suit for
declaration that the plaintiff is entitled to pensionary benefits, was
dismissed.
An order of dismissal of service of the plaintiff was passed by
the Disciplinary Authority on 31.8.2001. However, in appeal, the order
was modified and the plaintiff was ordered to be compulsory retired. It is
thereafter, the plaintiff raised a demand of payment of pensionary
benefits, which has been declined, which lead to filing of the present suit.
Both the Courts have dismissed the suit as well. It has been found that
though the plaintiff has been paid gratuity, but the plaintiff is not entitled
to pension as his qualifying service is 9 years, 3 months and 14 days,
whereas before plaintiff is found entitle to pension, he must have a
qualifying service of 10 years. It has been found that out of total service
of 10 years, 8 months and 27 days, the non-qualifying service is 1 year, 5
R.S.A.No.244 of 2008 2
months and 4 days.
Both the Courts have considered the respective contentions of
the parties and returned a finding of fact that the plaintiff has not
completed 10 years of qualifying service, which alone will make the
plaintiff eligible for pension. Such finding cannot be said to be illegal or
unwarranted in view of the facts on record.
In view of the evidence recorded, I do not find that any
substantial question of law arises for consideration by this Court.
Dismissed.
14.07.2009 (HEMANT GUPTA) Vimal JUDGE