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2023 Supreme(Del) 4241

JYOTI SINGH
Kewal Krishan – Appellant
Versus
Delhi Vidyut Board – Respondent


Advocates appeared:
Mr. N.S. Dalal, Mr. Devesh Pratap Singh, Mr. Alok Kumar and Ms. Rachana Dalal, Advocates, for the Petitioners.
Mrs. Avnish Ahlawat, Standing Counsel, DVB with Mr. N.K. Singh, Ms. Palak Rohmetra, Ms.Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Respondent-1.
Mr. Gulshan Chandra and Ms. Smriti Kumari, Advocates, for the Respondent-2.

JUDGMENT

Jyoti Singh, J. By this writ petition, Petitioners seek quashing of impugned order dated 23.01.2006, whereby their claim for pension has been rejected. Writ of mandamus is sought for directions to the Respondents to grant pension from the date of their voluntary retirement with interest @12% per annum on arrears of pension.

2. Factual matrix necessary to decide the writ petition is in a narrow compass. Petitioners are ex-servicemen and after their retirement/discharge from the Armed Forces, they were employed with Delhi Electric Supply Undertaking (`DESU') against the vacancies of Ex-servicemen on different dates between the period 04.10.1988 to 23.07.1992. Petitioners No. 1, 3, 4, 5 & 6 were appointed as Security Guards whereas Petitioners No.2 and 7 as Junior Clerk (Cash) and Junior Engineer respectively. Appointments were on regular basis and pensionary benefits were governed by CCS (Pension) Rules, 1972(hereinafter referred to as `Pension Rules').

3. DESU was restructured as Delhi Vidyut Board (`DVB')/Respondent No.1 and consequent upon unbundling of DVB w.e.f. 01.07.2002, Petitioners along with other employees were transferred to BSES Rajdhani Power Ltd. (BYPL)/Respo

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