HC Writ Ex Service Man Extended Benefits

HC Writ Ex Service Man Extended Benefits
Article 226 in The Constitution Of India 
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32
Article 227 in The Constitution Of India 1949
227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces

 Petitioner Versus Respondents

Civil Writ Petition Under Article 226/227  Of The Constitution Of India For  Appropriate Writ, Order Or Directions To The Respondents 

the petitioner joined Army with great fervour and zeal to serve the nation on __.  The petitioner was initially enrolled for 7 years of colour service and 8 years of reserve liability.  However, the service of the petitioner was extended by the Army authorities in the wake of external aggressions and as such the petitioner served in the Army for full terms when he was released on completion of service.  The petitioner served through whole length and width of the country, during Wars, Operations, and Exercises conducted by the Army authorities.  Interestingly, the petitioner served in the Army during all the Wars. It would be pertinent to mention here that when the petitioner was released from the Army his character was assessed as Exemplary, which is the highest degree of character.the state government has framed Rules  under which the released Ex-serviceman are extended benefits of approved Military service on his rejoining the civil service in accordance with the provisos of these Rules

 AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IN DUTY BOUND, SHALL EVER PRAY.

   Petitioner  Through, Advocate   

then IN THE HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Application Under Rule 2 of the Writ Rules for dispensing with Seven days notice of motion


 Petitioner/Applicant     Through, Advocate  

there are other annexure also provide true copy also given under this document which is attached to it 

and memo also mention in the document which helps in the deciding



Legal Process Outsourcing This Document

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