Pushpa Chauhan vs. The Commandant
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Stage:
SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)
Remarks:
List After (Weeks) [2], List before court/bench
Listed On:
26 Sept 2022
In:
Registrar
Category:
UNKNOWN
Interlocutory Applications:
73465/2022,
Original Order Copy
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Order Text
SLP (C) No.3584/2022
ITEM NO.30 COURT NO.10 SECTION X
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 3584/2022
(Arising out of impugned final judgment and order dated 14-12-2021 in WPMS No. 2625/2021 passed by the High Court Of Uttarakhand At Nainital)
PUSHPA CHAUHAN Petitioner(s)
VERSUS
THE COMMANDANT & ORS. Respondent(s) IA No. 73646/2022 - EXEMPTION FROM FILING O.T. IA No. 73464/2022 - EXTENSION OF TIME IA No. 73465/2022 - MODIFICATION OF COURT ORDER
Date : 08-12-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA
| For Petitioner(s) | Mr. Asit Kumar Roy, Adv.<br>Mr. Abhisekh Maavi, Adv.<br>Ms. Poonam Rimal, Adv.<br>Mr. Snehasish Mukherjee, AOR |
|---|---|
| For Respondent(s) | Dr. N. Visakamurthy, AOR<br>Ms. Seema Bengani, Adv.<br>Ms. Vimla Sinha, Adv.<br>Mr. VVV Pattabhiram, Adv.<br>Mr. Praneet Pranav, Adv.<br>Mr. Keval Babubhai Rathod, Adv.<br>Mr. Madhav Sinhal, Adv. |
UPON hearing the counsel the Court made the following O R D E R
On 25th April, 2022, this Court passed the following order:
"Having regard to the fact that the petitioner is relying on the order dated 19.08.1999 passed by the Additional District Judge, Tis Hazari, Delhi, which according to the petitioner has become final, there is hardly any reason to delay the process of recognizing the petitioner as wife of the respondent-husband in the official records and grant her one-third of salary and retiral benefits, including pension of her husband, who was working with the respondent-authority.
The authorities are directed to submit compliance report before the next date of hearing.
List this matter on 13.05.2022."
In pursuance to the aforesaid, learned counsel appearing for respondent No.1 has produced a document in the form of a Note Sheet dated 5th December, 2023. This Note Sheet is in regard to the amount of pension which according to the respondent No.1, the petitioner is entitled to draw. It appears that respondent No.1 has fixed an amount of Rs.5690/- per month towards pension. The amount of Rs.5690/- per month has been determined after commutation of the amount of Rs.17070/-, being 1/3rd of the same. Learned counsel appearing for the petitioner submits that determination is not correct.
The copy of Note Sheet has been furnished right now to the learned counsel appearing for the petitioner. Learned counsel may study the same and may respond on the next date of hearing.
2
Post the matter after four weeks.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)