High Court of Punjab and HaryanaCOCP/1500/2014disposed of

Kamlesh Kumari Wd/O Surinder Kumar v. R.K. Mathur And ORS.

2023-07-07Mr. Justice Arvind Singh Sangwan2 pages

2023:PHHC:085559

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP-1500-2014 (O&M) Date of decision: 07.07.2023 Kamlesh Kumari ....Petitioner

Versus

R.K. Mathur and Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

None for the petitioner.

Ms. Anita Balyan, Advocate for the respondents.

ARVIND SINGH SANGWAN J. (Oral) This petition is pending since 2014.

The petitioner alleges non-compliance of the order dated 31.07.2009 passed in CWP No.5380 of 2009. The operative part of the said order, reads as under:- "It is admitted case of the parties that the issue involved in the present petition is covered by a judgment of the Hon'ble Supreme Court, passed in Civil Appeal No.6587 of 2008, titled as Union of India & others vs Rajpal Singh, followed by a Division Bench of this Court in CWP No.17911 of 2007 decided on 11.12.2008, wherein following observations have been made:- "In view of the above, it is held that the discharge of the petitioner was not in accordance with the prescribed procedure. Accordingly, we all these writ petitions set aside the discharge of the petitioners and direct the respondents to reinstate the petitioners in service with all consequential benefits. The respondents are, however, not precluded from holding the Invaliding Medical Boards after such joining in accordance with law as per the Army Act, 1950, The Army Rules, 1954 and Army Instructions."

MOHD YAKUB 2023.07.07 14:13 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

2023:PHHC:085559 The petitioner shall be entitled to the same relief as granted in the aforesaid petition."

Counsel for the respondents submit that the entire payment has been made including the payment of costs. Counsel for the respondents has referred to the affidavit of OIC, Legal Headquarter, to submit that necessary compliance has already been made and the payment has been made. Accordingly, the present petition is disposed of having been rendered infructuous.

However, liberty is granted to the petitioner to avail the alternative remedy in accordance with law, if so advised. (ARVIND SINGH SANGWAN) JUDGE 07.07.2023 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2023.07.07 14:13 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.