Chandeshwar Mallik v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5534 of 2022 ====================================================== Chandeshwar Mallik Son of Late Giramal Mallik Resident of Ward No.04, Village- Baghi Aagharpur Tajpur, P.S.- Tajpur, District- Samastipur, Bihar848130. ... ... Petitioner/s

Versus

1.

The Union of India 2.

The Union of India through its Principal Secretary, South Block, New Delhi110011, India. 3.

The Principal Secretary, Ministry of Defense, South Block, New Delhi110011, India. 4.

ADG, Personnel and Services, AG s Branch IHO of MOD (Army) 434, AWing, Sena Bhawan, DHC PO, New Delhi- 110011. 5.

PCDA (Pension), Draupadi Ghat, Allahabad (Prayagraaj), U.P. 6.

Ministry of Defense, Department of Ex-Servicemen Welfare, DC (Pension Greivances), New Delhi.

7.

Directorate of India Army Veterans (DIAV), Adjutant Generals Branch, Integrated HQ of MoD (Army), 104, Cavalry Road, Maude Line, Delhi Cantt- 110010, India.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Respondent/s :

Mr.Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-11-2023 The present writ petition has been filed seeking the following reliefs:- "1. a. for issuance of an appropriate writ for setting aside the order of discharge of the petitioner dated 16th of February, 1998 and furthermore to start the pension (with statutory interest) of present petitioner forthwith with immediate

Patna High Court CWJC No.5534 of 2022(2) dt.29-11-2023 2/3 as the same has been withheld wrongfully and in arbitrarily manner.

b. for commanding the respondents to consider/appoint the petitioner's petitioner claim for petitioner on humanitarian ground in light of judgment of various Hon'ble Courts including the Hon'ble Apex Court.

c. for issuance of an appropriate writ commanding the respondent's for considering the various representations as filed by the petitioner most recent dated 07.03.2022.

d. for direction upon respondents to constitute a committee for considering the authenticity and grievances of the petitioner as against he was having an unblemished carrier record through out his tenure starting from 28.08.1983 and was removed from his service wrongfully and in arbitrarily manner, even without serving any show cause.

e. for directing upon the respondents for setting aside the order passed vide letter

Patna High Court CWJC No.5534 of 2022(2) dt.29-11-2023 3/3 dt.16.02.1998.

f. for validating the pension of present petitioner as he is liable for pension even under new pension scheme.

g. for issuance of an appropriate writ for commanding the respondents to act in accordance with law."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U