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2016 Supreme(Del) 409

GITA MITTAL, I.S.MEHTA
JIA LAL KAPUR – Appellant
Versus
UOI – Respondent


Advocates:
Advocate Appeared:
Mr. Arun Bhardwaj, Adv.
Mr. Akshay Makhija, CGSC and Ms. Mahima Bahl, Advs. for R-1.
Mr. Uday N. Tiwari, Adv. for R-2.

JUDGMENT :

GITA MITTAL, J.

CM No.6743/2015

For the reasons stated, the delay of 26 days in re-filing the review petition is condoned.

The application is disposed of.

Review Pet. No.216/2015

1. By way of the present petition, the petitioner has sought review of the judgment dated 28th September, 2004 passed in the present appeal. Before setting out the essential facts, we may note the history of the litigation briefly, as is essential for the view we are taking.

2. A writ petition being W.P.(C)No.2149/2001 was filed by the petitioner contending that office memorandums dated 29th August, 1984 and 1st May, 1987 were not brought to his notice. By these office memorandums, the government employees who had opted for receiving CPF benefits on retirement were given an option to have their retirement benefits calculated under the pension scheme provided they refund to the government, certain benefits received at the time of settlement of CPF amount. The petitioner, therefore, claimed in the writ petition entitlement to exercise such option and shifting to the pension scheme.

3. This writ petition was rejected by a decision of the Single Judge dated 11th of February 2004. The petitioner assai

































































































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