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2023 Supreme(Del) 904
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ex. Ct/dvr Raj Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 3500 of 2023
Decided On : 21-03-2023
Headnote
Pension Rules - Petition for Quashing Impugned Order - Court directs respondents to treat petition as representation and take final decision within eight weeks
Fact of the Case:
The petitioner sought to quash an order declaring as unjust and arbitrary and requested the competent authority to re-consider the claim for compassionate allowances under Pension Rules.
Finding of the Court:
The court directed the respondents to treat the petition as a representation and make a final decision within eight weeks, communicating the decision to the petitioner with a reasoned order.
Issues: Quashing of impugned order, re-consideration of claim for compassionate allowances, writ of Mandamus
Ratio Decidendi: The court found it appropriate to dispose of the petition by directing the respondents to treat it as a representation and make a final decision within a specified timeframe.
Final Decision: The present petition was disposed of with the direction to the respondents to treat it as a representation and take a final decision within eight weeks.
Mr. A.K. Trivedi, Mr. Vaibha Trivedi & Mr. Naveen Kumar, Advocates, for the Petitioner.
Mr. Manish Mohan, CGSC with Mr. Hardik Bedi, Govt. Pleader for UOI.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Quash and set aside the Impugned order dated 16/12/2022 declaring as unjust, arbitrary, discriminatory and against the judicial pronouncements on the subject;
b.) Direct Respondents the competent authority to Re-Consider the claim of the petitioner sympathetically and on humanitarian grounds under Rule-41 of CCS(Pension) Rules for grant compassionate allowances i.e. pension and gratuity wef from the date of his Dismissal from service i.e. 23/08/2003 in view of the Judicial pronouncements on the subject and the petitioner may be entitled for his pension and gratuity with arrears;
c.) Issue a writ of Mandamus or any other writ/directions/orders as may be deemed just and proper in the facts and circumstances of the case;
d.) Award cost."
2. Learned counsel for the petitioners submits that the Prayer B made in the present petition, the present petition may be treated as a representation.
3. Accordingly, in view of the Prayer B made in the present petition, we hereby dispose of the present petition directing the respondents to treat the present petition as a representation and take a final decision on the same within eight weeks from today.
4. The decision, so taken, shall be communicated to the petitioner with a reasoned order within one week thereafter.
5. Accordingly, the present petition is disposed of.
