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2009 Supreme(P&H) 452

JASBIR SINGH, JASWANT SINGH
Sham Lal Sharma(Retd. ) – Appellant
Versus
Union Of India – Respondent


Judgment

Jaswant Singh, J.

1. This judgment shali dispose of eight writ petitions bearing numbers CWP No. 3312 of 2007, CWP No. 4821 of 2007, CWP No. 8640 of 2007, CWP No. 10165 of 2007, CWP No. 8939 of 2007, CWP No. 17863 of 2007, CWP No. 14814 of 2007 and CWP No. 11227 of 2008 as they involve identical facts and common questions of law.

2. The Short question involved in these writ petitions is as to whether the petitioners, who are Ex-Armed forces personnel, are entitled to restoration of their commuted.value of pension after fifteen years of the retirement or thirteen years after adding weightage of two years purchase value of commuted pension, in terms of the directions given in the judgment rendered by the Honble Supreme Court in "Common Cause" A Registered Society & others vs. Union of lndia & Others, 1987(1) Service Law Reporter 206. (Annexure P-1).

3. For the sake of brevity and with the consent of the counsel for the parties, the facts from CWP No. 3312 of 2007 have been taken and dealt with.

The petitioner joined the Indian Army as Commissioned Officer on 3rd of May, 1964 and retired as Lt. Col. on 30.11.1991. Petitioner was granted füll pension for the service rendered in





















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