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2016 Supreme(P&H) 2300

G.S.SANDHAWALIA
Ashish Aggarwal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. C.L Sharma, Mr. S.S. Sodhi, Mr. Ramesh Sharma
For the Respondents: Mr. Aseem Aggarwal, Mr. Manav Bajaj, Mr. Sumeet Goel

JUDGMENT :

G.S. Sandhawalia, J.

The present order shall dispose of two writ petitions i.e. CWP Nos.7417 and 16495 of 2006, as common questions of law and fact are involved. The facts are being taken from CWP No.7417 of 2006 Dr. Ashish Aggarwal and others Vs. Union of India and others'.

2. The petitioners seek the quashing of the order dated 31.03.2006 (Annexure P-9), whereby the request for payment of stipend at the minimum rate of Rs.19,000/- per month during the duration of the Diplomate of National Board Course (DNB Course) at Command Hospital (Western Command), Chandimandir-respondent No.4 has been rejected. The claim is made on the basis of the judgments of the Delhi High Court dated 18.12.2002 passed in 'Dr. Vishal Sehgal and others Vs. Secretary (Health) and others' (Annexure P-3) and the subsequent judgment dated 06.01.2006 passed in 'Dr. Shiv Shanker Shahi and others Vs. Government of NCT of Delhi and others' (Annexure P-4).

3. The petitioners had been given admission in the said course and vide undertaking dated 12.08.2002 (Annexure R-1) agreed to work with the Armed Forces without any regular pay or stipend during the training period of the course. They were also required to





























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