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2023 Supreme(Del) 4422

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Mukul Sanwal – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Petitioner in person, for the Petitioner.
Ms. Anubha Bhardwaj and Mr. Dev P. Bhardwaj, Advocates, for the Respondent.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 22913/2023

1. This is an application filed by petitioner with the following prayers:

    "(i) Modify the Order dated 07.02.2023 and pass appropriate directions setting aside the findings of Government of India, DOPT, in Order No.22012/04/2018- AIS-III dated 12.04.2023 (Annexure P 24) and

    (ii) Issue directions to the Respondent to release the full amount of pension of Petitioner due under the rules from the date of foreign assignment (03.12.1993) with applicable interest."

2. Suffice to state, the writ petition was disposed of vide order dated February 14, 2019, whereby this Court has in para 26 stated as under:

    "26. In the light of the aforesaid, we are inclined to direct the respondent to consider the petitioner's claim for grant of pension and even if the respondent does consider in its discretion, that the petitioner is not entitled to release of pensionary benefits, the respondent should consider whether he should be granted compassionate allowance in terms of proviso to Rule 5(1) of the said rules. Since the petitioner raised the claim for grant of pension for the first time only in the year 2016, in case the respondent favourably conside

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