Date of Decision:7.7.2014 Vs. Union of India and Others

Date of Decision:7.7.2014 vs Union of India and Others

Type Court Judgment Court Punjab and Haryana Decided Jul 07, 2014

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Citation: sooperkanoon.com/1154563
Court: Punjab and Haryana High Court
Decided On: Jul 07, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Date of Decision:7.7.2014

Respondent

Union of India and Others

Excerpt

.....an appeal before the district judge, narnaul which was transferred to armed forces tribunal. though, registered notice was sent to the petitioner but there seems to be some controvers.as to whether it was received by the petitioner or not. the fact remains that the counsel for the petitioner who filed the appeal died and his son continued to defend him before the district judge, narnaul. since the counsel through whom the appeal was filed had died and the fact that the transfer application was dismissed in default makes it clear that the petitioner was not aware of the transfer of his appeal to the tribunal. it justifies the restoration of the transfer application to its original number as the claim of the parties should be decided on merits rather than on technicalities. the petitioner cannot be made to suffer for his absence after transfer of the appeal to the tribunal. the petitioner has taken all steps which are expected of a vigilant litigant. he could not appear before the tribunal for the reasons beyond his control. a perusal of the order dated 09.12.2013 shows that transfer application has been dismissed for the reason that sufficient cause is not made out for non-appearance of petitioner and for condonation of delay in filing the application for restoration as well as on merits. the order of the diwakar gulati 2014.07.09 16:02 i attest to the accuracy and integrity of this document cwp no.1674 of 2014 3 tribunal does not discuss any of the issues relating to merit of his claim. therefore, by simply saying that the claim of the petitioner is being dismissed on merits also renders the claim of the petitioner as justified. the tribunal could not have dismissed the petition on merits without adverting to the merits of the case. consequently, we allow the present writ petition and set aside the orders dated 13.12.2010 and 09.12.2013 and restore the transfer application to its original number. the parties through their counsel are directed to appear before.....

Full Judgment

CWP No.1674 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1674 of 2014(O&M) Date of decision:7.7.2014 Med Ram ….Petitioner VERSUS Union of India and others .....Respondents CORAM: HON'BLE Mr.JUSTICE HEMANT GUPTA HON’BLE Mr.JUSTICE FATEH DEEP SINGH Present: Mr.Mukesh Yadav, Advocate for the petitioner.

Mr.O.S.Batalvi, Advocate for respondent No.1.

***** HEMANT GUPTA, J.(Oral) The challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short ‘the Tribunal’) on 09.12.2013 whereby an application for restoration of Transfer Application No.11 of 2010, dismissed in default earlier on 13.12.2010, was dismissed.

The petitioner earlier filed a suit for declaration to the effect that he is entitled to pension w.e.f.16.10.1970 before the Civil Court.

The said suit was dismissed on 08.06.2007.

The petitioner preferred an appeal before the District Judge, Narnaul, which was transferred to Armed Forces Tribunal.

The appeal before the learned District Judge was filed through Sh.

R.A.Khandelwal, Advocate.

He died and his son Sh.

P.K.Khandelwal, Advocate, was served with a notice as well as the petitioner by Armed Forces Tribunal.

The transfer application was dismissed on 13.12.2010 and Diwakar Gulati 2014.07.09 16:02 I attest to the accuracy and integrity of this document CWP No.1674 of 2014 2 application for restoration of transfer application was filed by the petitioner through his present counsel which was again dismissed on 09.12.2013.

The learned Tribunal found that the petitioner has not put in appearance even though the notice was served upon him and that the person who seeks equity should come with clean hands otherwise he is not entitled for the relief claimed.

We have heard learned counsel for the parties and find that the order of the Tribunal dated 09.12.2003 causes manifest injustice to the petitioner.

The petitioner has filed an appeal before the District Judge, Narnaul which was transferred to Armed Forces Tribunal.

Though, registered notice was sent to the petitioner but there seems to be some controveRs.as to whether it was received by the petitioner or not.

The fact remains that the counsel for the petitioner who filed the appeal died and his son continued to defend him before the District Judge, Narnaul.

Since the counsel through whom the appeal was filed had died and the fact that the transfer application was dismissed in default makes it clear that the petitioner was not aware of the transfer of his appeal to the Tribunal.

It justifies the restoration of the transfer application to its original number as the claim of the parties should be decided on merits rather than on technicalities.

The petitioner cannot be made to suffer for his absence after transfer of the appeal to the Tribunal.

The petitioner has taken all steps which are expected of a vigilant litigant.

He could not appear before the Tribunal for the reasons beyond his control.

A perusal of the order dated 09.12.2013 shows that transfer application has been dismissed for the reason that sufficient cause is not made out for non-appearance of petitioner and for condonation of delay in filing the application for restoration as well as on merits.

The order of the Diwakar Gulati 2014.07.09 16:02 I attest to the accuracy and integrity of this document CWP No.1674 of 2014 3 Tribunal does not discuss any of the issues relating to merit of his claim.

Therefore, by simply saying that the claim of the petitioner is being dismissed on merits also renders the claim of the petitioner as justified.

The Tribunal could not have dismissed the petition on merits without adverting to the merits of the case.

Consequently, we allow the present writ petition and set aside the orders dated 13.12.2010 and 09.12.2013 and restore the transfer application to its original number.

The parties through their counsel are directed to appear before the Armed Forces Tribunal on 26.08.2014 for further proceedings in accordance with law.

(HEMANT GUPTA) JUDGE JULY7 2014 (FATEH DEEP SINGH) ‘D.

Gulati’ JUDGE Diwakar Gulati 2014.07.09 16:02 I attest to the accuracy and integrity of this document

Same Court & Year Punjab and Haryana · 2014 Same Parties Date of Decision:7.7.2014 vs Union of India and Others Same Subject Education