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1991 Supreme(SC) 50

B.C.RAY, J.S.VERMA, K.JAGANNATHA SHETTY, L.M.SHARMA, M.H.KANIA
Indian Services League: Indian Services League: V. Venkatesan – Appellant
Versus
Union Of India: Union Of India: Controller Of Defence Accounts – Respondent


Advocates:
ANIL KATIYAR, ARUN JAITLEY, ASHOK DESAI, C.V.SUBBA RAO, G.VISHVANATHA IYER, K.L.RATHI, MANINDER SINGH, RAJAN NARAIN, S.BALAKRISHNAN, S.K.Sinha, S.PRASAD RAO

JUDGMENT

VERMA, J. :—These writ petitions by ex-servicemen are a sequel to the decision in D.S.Nakara v. Union of India, (1983) 2 SCR 165, in which the reliefs claimed are based solely on the decision in Nakaras case. The real point for decision, therefore, is whether the reliefs claimed in these writ petitions flow as a necessary corollary to the decision in Nakara. This being the sole basis for the reliefs claimed in these writ petitions, the petitioners can succeed only if this assumption by them is correct. Writ Petitions Nos. 13550-55 of 1984 are by ex-servicemen who retired from a commissioned rank while Writ Petns. Nos. 547-50 of 1985 are by those who retired from below the Commissioned rank. Writ Petition No. 4524 of 1985 by, an ex-serviceman has been received by post and is substantially to the same effect. Petitioner No. 1 in the first two sets of writ petitions is a Society representing the ex-servicemen while the other petitioners in these writ petitions are ex-servicemen of the three wings of the Armed Forces, namely, Army, Navy and Air Force. In order to appreciate the contentions in these writ petitions, it would be appropriate to first refer briefly to the decision





























































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